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To
fully appreciate the late C.W. Wimberly’s story, it’s necessary to
understand “Fergusonism” – a once-powerful brand of Texas populism.
A farmer and lawyer from Bell
County, Jim Ferguson became governor in1915. No matter if a citizen
stood “fer ‘im” or “agin ‘im,” his leadership style evoked strong
sentiment. When Ferguson tried to shut off money to the University
of Texas, in 1917 the majority of the legislature went “agin” him,
voting for impeachment. Tried in the Senate, he got expelled from
office and barred from ever running again.
Of course, the Legislature had no control over what Ferguson’s wife
did, so in 1924 Miriam Ferguson campaigned for governor and got elected.
Defeated in two subsequent Democratic primaries, “Ma” ran again in
1932 and once again the voters sent her (and her husband) back to
the Governor’s Mansion. Mrs. Ferguson completed her term – a time
blighted by pardons for pay and other corruption -- in 1935 and did
not seek relection.
“Fergusonism” finally began to wane as New Deal politics took over,
but for more than two decades a person’s support for or opposition
to the Fergusons constituted a major part of Texas politics.
While
“Fergusonism” prevailed statewide, all politics is local, and so is
the story Wimberly told. He never said where it happened, other than
a county seat in the cedarbrakes, which could be almost anywhere in
Central Texas. It took place during the Depression, when political
opinion ran as strong as the economy was weak. A lot of people were
hurting, financially and emotionally.
Even in good times, most towns had their old codgers, men with no
visible means of support other than black coffee, tobacco and a sturdy
walking cane. On a sidewalk bench near the courthouse
or at the drugstore counter or in the café, these old timers spent
their time talking or playing dominoes or both.
These characters were well known, as much a fixture downtown as the
clock atop the courthouse.
Two of them, however, stood out as the senior old timers. Call them
Mr. Jones and Mr. Smith.
One afternoon, a shopkeeper on the courthouse square in the process
of closing for the day witnessed a shocking scene. Using his cane
as a weapon, Mr. Jones stood wailing on Mr. Smith, who while trying
to protect his head from the blows otherwise offered no resistance
to the vicious-looking assault.
Rushing to the old man’s assistance, the woman ran into the street
and waded into the fight. She pushed Mr. Jones to the ground but before
she could remonstrate with him for whacking on Mr. Smith, he got up
and ran off with surprising quickness for a man his age. When she
turned to minister to the victim, the Good Samaritan found that, he
too, had disappeared.
The next day, his faith in the judicial system complete, the victim
showed up at the courthouse office of the justice of the peace to
swear out a complaint against his assailant. Not burdened with an
overcrowded docket, the judge issued a warrant and soon had both men
before him in his court.
While Mr. Jones sat stoicly, the victim told his story. He had been
brutally attacked without provocation, Mr. Smith said. Three solid
blows had landed on his head before he could even raise his hands
in an attempt to ward off further strikes. Before he escaped, the
victim continued, Mr. Jones hit him four more times with his cane.
When the judge asked why Mr. Jones had done such a thing, the victim
declared:
“I hadn’t done nothing but express a political opinion – I’m not the
only man in Texas who thinks it’s a crying
shame for Ma Ferguson to be sitting in the Governor’s chair for Jim,
after he’s been impeached.”
The judge’s face reddened. No one in the county supported the Fergusons
more adamently that he. Even so, the judge maintained his impartiality.
Turning to the defendant, the JP asked if he had anything to say.
Mr. Jones nodded no.
Demonstrating that justice is indeed blind, the still-fuming and ever-loyal
Ferguson man wielded his gavel and declared the defendant guily as
charged. Fine and court costs would be $17.50, he pronounced.
Hearing that, the newly convicted miscreant stood and to the amazement
of all present pulled a $20 bill from his pocket and handed it to
the judge. His face now even redder, the judge fumbled around in his
pockets, looked through his cash box and then threw himself on the
mercy of the courtroom.
“Anyone have change for a $20?”
Everyone did a good job of acting surprised when they discovered that
they, too, could not break that large a bill. With the judge just
about to order a deputy across the street to the bank, the defendant
spoke.
“I believe I can save the court that trouble.”
Shuffling over to Mr. Smith, he raised his cane and brought it down
hard on the elderly man’s bald head.
“At $2.50 a lick, that takes care of that $20,” Mr. Jones said. “I
thank you, your honor, and a good day to you gentlemen.”
Using his cane to steady himself, the old man slowly walked out of
the courtroom, all occupants including the judge in stunned silence.
The judge continued to sit quietly for a moment, taking due judicial
notice of the red welt rising on the anti-Ferguson man’s pate.
Finally, he slammed down his gavel and said only two words: “Next
case.”
© Mike Cox
- May
16, 2012 column
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