Fort Worth gazette. [volume] (Fort Worth, Tex.) 1891-1898, 1896-01-19

| used something to that eject; In fact. 1
think possibly did. I am constrained to
think | did. because these gentlemen say
| SO; but want II distinctly understood
| that never, In any shape. form or fnsh-
| lon. asserted that | had tho power or
7 authority TO do such n thing.
Mr.. Ellis again addressed the court,
| saying: Now your honor, this matter
should be curtailed right now. II they
| want to know the relation OF myself and
Colonel whatley they can learn Il Ivy
| simply asking one question and will
answer II directly. think II Is time the
court house had ceascl to TIC filth shop
Mr. Bali-It seems TO me that counsel
| for the prosecution has reversed his previ.
GUS expressed opinion us 10 the ndmis.
ability and pertlnancy OF an investigation
| OF this branch of the case II is desired
by counsel for defendants TO show tho
motive that has brought about this prose-
| cution. The county attorney has already
admitted that evidence OF the acts and
| declarations OF the witness bearing upon
| this prosecution are Admirable for the
purpose OF showing animous and motive.
The motion on file charges that this Ia a
malicious prosecution, In which Mr.. Ellis
IL concerned, and now when we are fairly
In the eross-examination of the witness
az to what he did and said in regard TO
| this prosecution prior thereto, whrn we
are getting Mt the very heart OF the man
ner In which the prosecution was begun
anair II ts proposed 10 cut us on by a
, simple inquiry as to Mr.. Fills state OF
feeling toward Defendant Whatley, sup
pose he answers that II was bad That
answer would not connect him With this
prosecution. show motive, ur anect his
| credibllity MS a witness. There may DO
many men who do not like some other
| man. who would scorn 10 use n criminal
| prosecution as means to Ytatify personal
lll-wlll, Now. IL we can show that this
| witness. by his own acts and declarations.
is concerned In this prosecution. the court
should not cut us OF mud shut out such
facts.
County Attorney Styled replied: ''ychilc
have concurred In the opin0n OF Captain
Bnll that the testimony thus far obtained
was pertinent, tho further inquiry de-
velops a motive and object ] do not I'M
derstand and feel that some limit
should be given or nm end put TO these
questions | now regard entirely Irrelevant
and should not burden the records | OBJ
joct TO further questions OF like nature to
the ones now being asked"
Mr.. Bnll-We only have two more dueH.
tons to ask the witness. and II you will
only permit tho witness TO answer the
questions II will soon close tho inyestign-
ton OF this witness.
MIR. Balloon the day the defendant APP
poared at sartartin for examination and
after the examination had been postponed
by the State, did you not offer to bot 500
that when the hearing did take plnce that
the Justice OF the peace, Mr.. Norman,
would bind these defendants over, and did
YOU not tho day after the last iasuc OF the
Texas Coaster, In the printing office, make
the same statement In the presence OF
George Dunlop, Bob McGee and Oscar
Kirkland and Constable Black?
Mr.. Ellis--I have said that would
bet $1,000 that u. NJ. Norman bound him
ovcr and that n. s. Reese, district judge
I 4
MIR. Bail--Did you not IN the presence Of
W. l. Moody at Sartarta state thst you
would have Colonel Whatoy scratching
on the inside of the penitentiniy In less
than six months?
Mr.. Enis--Whatever I may have snid to
W. |. Moody. he being mn eN-omployc on
tho sartartia plantation. l would have
said in confidence and whatever | may
lave yald about the defendants going
to the nenitentlary would have simply
been such support AS any truthful. fonest
citizen would have given the officers of
his county and district in executing the
laws.
At this point the State rested and Mr..
T. w. House of Houston was paced on
the stand ny the defcarc, Il was rot
present upon this Investigation yesterday.
Gu ne up this morning. Mr.. Ellis came
into my office and stated that Colonel
whatley would likely be arrested IN n
few days and that he would probably
have handcuns or nippers on. or some
thing like that, That was The hrst
had heard OF this case. | don't think
there was anything else said at that time.
lilo called mo up by telephone on another
occasion. He first talked about some
private business. He asked me " ] had
read the papers. ] told him yes, that
had seen something about Colonel What
ley. / told him l had and that N II was
n...I l.. bal saa.
II 1 could not come out ana bring GENE
one with me who wns n fair-minded man.
| told him | thought II was hardly prob
able that ] could come. Ho suggested
that I bring Mr.. Sam Allen with me and
he stated he just wanted Justice done, al
though he said he had nothing personally
to do with It, That ended our com
versation.
=. ]. WINSTON for the defense was next
sworn. 81 was In tho barber oiirp last
| Saturday evening. Mr.. !. McFarlnne came
In n little later. l think we @ere DE-
| cussing the arrest of Colonel Whailey
and Mr.. Andrews. A short time after
ward Mr.. Ellis came in hnrriedly and
| asked me to 1oin q lodge he was ,rying
to organize told him I would not tOln
then, but would see him later about It.
He insisted several times on my Joining,
hut I put him on every time the ZANE
! way. i finally remarked that u did
not Join he would have me arrested. This
wns said in a Joke He remarked; You
| think I will have you nrreated' sug-
| gestcd that he ought to let tho matter
drop. l told him II they continued as
| they had done in the matter that II would
result In a killing. | thought. We talked
| n little more about the matter. lTo said
that he would either send them 10th to
tho penitentiary--or they would both go
TO the penItentiary-that was the rub
stance OF the remark, told him l
| thought he was mistaken. l did not ihluk
there was anything In the charges. Mr..
McFarlane was present. SO far MS having
them back IN irons no such thing was
said In my presence by Mr. Ellie"
| Crors-cxamlnation - know nothing
about the merits OF the charge against
Mr. whatley. 1 heard from man IN
the lower end of the county that Mr..
ELLIS had sent warrant for the srrcst
| Of Colonel Whatiey and Mr.. Andrews
and was going to bring them back bard
cuffed. told him didn't think 1t was
80 and didn't believe Mr.. Ellis would
do ouch n thing.
Mr. Ellis here stated that lie wished
| to supplement HIS testimony with the
statement that he would believe Mr.. l.
| McFnrlRne and Mr.. Winston undar any
| and all circumstances.
MIR. JAMES MAsTERsoN was next
| sworn.
Mr.. Bail-Mr. Masteraon. did Mr.. Fills
sny to you In the city OF Houston IN front
OF the weiis-Fsrgo Express company's