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

sNnHs ~ temporarily absent and guard
= ucslsnated In his place that the suard
1""piy ncts ana does not havo the full
authority as sergeant. and is not allowed
10 inhict punishment. knew when |
marie owl the payroll that Sergeant An
urews had been sick during part of July
ana was on a leave OF absence, but was
.nti'led TO receive SIS az salary FOR that
month Mr., w. o. Ellis came 10 the
camp with Mr. Rlnck I'm Dccembor nnd
asked me II | would testify how the paw
roll was made out man named Ran
uoip'' VINO was In tho employ of W. O.
| EMS, cnmo TO me while was in the cm-
| pioy OF the State and asked me to let
MN look over the books. The only time
biaek talked TO me about tho matter was
wien no and W. o. Ellis came together,
| rus was before the complaint was made
Black did most OF tho talking and said
probably | would be called upon 10 tcs-
| my 10 these facts. Ellis as,tcd the II
would come through on the ruth and
said he knew l would.
NJ this jnncturc Constable Black np-
peared In court with note from g. D.
cunningham, the complaining witness,
| stating that he was too sick 20 attend
court. The defence wns granted nm at
| tachment and Sheriff Darst accompanied
by DR.. j. l., billiard left for Snrtar.la In
carriage to learn II Cunningham could
not attend. The physician and carriage
were at the expense OF the defendants.
w. o. ELLIS arrived and TESTIMONY on
orosii-examlnation by the defense was re-
| sumed Referring 20 his testimony OF the
| Jay previous Mr., Ellis Enid he has con.
| suited with Mr. House fince the day be-
| Tore. remember now that l called MIR.
House up by telephone on "a matter OF
business After dlsposlng Of that business
i a Aa.I
| rarer He said he had and II " was true
II was very bad. asked II he could not
come out that day. lie rnil he did not
know, i told him that wanted such fair
| men there that every one would get ius-
tlee' ] said can you not bring sam
| Allen tMy reasons for wanting Sam Al
len was because Mr. House and myself. ia
previously discussing Sam Allen, had
agreed that he is a fair mani. then told
Mt. House personally had nothing to do
| with IT, thnt | simply wanted to see ,us-
tice done all mankind Mr.. House sud n.
cid not think ho could come but would
try. That Is about the prrport OF that
conversation AT another Instance, think
! possibly day or two before, while I
was in Houston hunting labor, told Mr..
House that ho need not be surprised at
such an arrest. Mr.. tloufe AMI | haze lust
| conferred and his and my understanding
are the Same OF this conversation
By Mr. Bali-Mr. Ellis when you state
yesterday that YOU had no recollection OF
| this conversation with Mir. House, MIR.
Houan was not present
NO. SIR" replied Mr., Ellis.
MIR. nall-And Ia this explanation after
comforting with him7
"Yos. SIR II is after refreshing my menu
Dry"
Mr.. Balls II not a fact that in addi-
tlon to your statement TO Mr.. House IN
- - d.
he need not be surprised II Colonel what
Icy was arrested and brought through In
| irons?
Mr.. Ellls-To which reply: have just
discussed the matter Nlth Mr.. r. w.
House and he tells me that he remembers
me telling him that he Uiouse) need not
be surprised II Whatley was arrested and
brought through. but that never In my
lifc, In referring to tho shacklos on a
criminal. that / now call TO mind. said
irons" II | said anything OF thnt kind
at all It Is more than probable l said
"nippors" Yet. / will not positively testify
what sai1 about ''nlpperz." that being n
matter entirely In an officers hands over
which | had no Jurisdiction. that being
my judgment Of what faithful officer
would do n he was resisted.
At THIS point Mr. Ellis had short
whispered conversation with Mr., Styled.
Mr.. Ellis arose and addressed the court.
your honor. It Is clear to mo and to you
and has been developed that this fight
la directly on me. | do not care 10 have
interpolatud In this record my oonversu-
tons On the outside. II am guilty of
any infracton OF the law am amcndahle
10 IL and thank God, by the assistance or
noble father | am able. financially, to
answer TO A. ask that the last ques-
lions be stricken from the record"
Mir. Bnll--Your honor. it Is at late
time that this Is being said. The county
| attorney is representing the State and he
d!d not object to tho questions.
Tho County Attorney-I do not think
that the matters being brought out by
the defense are relevant but did not
object.
MIR. Ellis-.I beg the court now, that II
they have any case against me that they
make II and let me answer for II. u am
| personally responsible for all that | do.
MIR. Styled said great 4 al which was
irrelevant had been injected into the Gaze
| Ho rcad the law OF evidence and cited
| 10 the court the rule OF evidence and con-
tended that the evidence of Mr.. Fills was
pertinent In evidence and admissible.
| MIR, Kirkland said the testimony of Mr.
| Ellis was relevant 10 show the motive In
| this prosecution. I'VE hope. your honor
TO show that the facts will show this
I motive"
| will require several days TO conclude.
| Mr.. Rall--Your honor, | do not under
stand why. In the middle OF the cross-ex-
animation, that we are TO be stopped sim
| My to snvo time. when the State has been
| SLOWED TO inject uplmportant points at
tho beginning and until now. Your h1nOr.
this Investigation In being conducted by
the defense on tho linc of our plcndings.
| Our questions arc to show the motive for
this prosecution and the county attorney,
representing the State has admitted that
| the questions are proper DO understand
| the court Will now. after tiin testimony OF
| Mr., Ellis OH yesterday was admitted and
| no objection was raised by the States
| representative, that We are to be cut of
| from further Interrogation Of the witness,
when we are iust now reaching the heart
| Of tho question, md the motive OF the
| witness In Attempting In bn shown. There
| can not be any question, your honor. hut
what we have q right under the law OF
evidence to question the witness when
| tho DEFENDANTS attorneys have allowed 10
much latitude to the Siafe's represent
atvos The county attorney entered no
objecilon TO tho proceedings. because un-
| dor tho laws OF evidence such testimony f.
relevant and ortrc'v admissible. ask
| that tho rule OF evidence hc followed and
tho witness be required to answer the
| question.
Mr.. Dail-rs II not fact that nm tho
ist day Of January of this year In front
| n the Wells Fargo A. ~ express osf'rn IN
| Houston. that you had conversation
with Mr. James MRsterson, Jr., In which
| ySu stated that the next time Colonel
| Whatley came through that he would