The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1896-01-18
IT WAS KNOCKED OUT
Abrupt End Of Sensational Case at
Richmond.
THE COUNTY ATTORNEY DISAISSES
And Superintendent Whatley Stands
Forth fxonerated.
THE COUNTY ATTORNEY DIsNIsSES
COMPLAINING WITNESS DID 1T
BY Admissions Fatal to the Prosecution.
Denominations when the End Came,
Asto Public Sentiment.

county resounded with cheers tits after
MON and the proceedings Of the court
were 80 uncererponiously interrupted
and so suddenly that Sheriff Darst and
his deputies were unable to stop 1t In
It's incipieucy. There WAS nothing unlaw-
full in tho demonstration and nothing
done but what met with the approval Of
every one, but II was proceeding 80
unusual that It win forever be remeni-
nercd by all who were present.
The preliminary hearing Of Colonel l..
A. Whatley and Reddin Andrews, charged
with swirdling the State Of Texas out Of
SIS began with an unusual proceeding hy
a bench OF two judges R!ttlng and 1t ended
with an occurrence as unusual and very
sensational.
II was caused by the testimony OF s.
y. Cunningham. Cunningham was the
complaining witness. lie had been SUBJ
pocns-i to bc present but was conspicuous
tho first day OK tho hearing by mis- ali
sence This morning when he was called
10 did not answer and Justice Norman
entered fine OF = FOR his aon-appcarance
and an attachment WIS sent for him.
Constable Black tslegraphei from sar-
tara just before tho noon recess THAI
Cunningham was sick ana the defense IN.
sisted upon having him 50 earnestly tHnt
an attachment was pllced irdhe hands u
Sheriff parst who went 90 tie Sartaraa
plantation with physician, DR.. Dillard,
to examine into the patients nbllity % at
tend the summons OF the court This vas
at the expense OF the defeusn for the
uhysician.a visit and for conveyance
and they succeeded In securing the evil
dencc desired. j. brought forta the sem
sailon Of tie day. The Sensation began
to brow when the witness said he WAS In
duced to make the complaint by W. ..
Euls and It reached its height when
County Attorney Slyheld dismissed the
case. with Mr.. Ellis eagerly nskiuB the
court 20 allow him n hearing ana not al
low facts to go into the record. He had
questions written out which he wanted
the county attorney 10 PROFOUND TO Gun
ningham by which he wanted Cunning
ham TO testify that he GEllis) said he
would have nothing to DO with It." ara
his voice could b-5 heard above the cheers
Of the crowd.
The csss was closed, however. and
Cunningham was called upon to sign his
sworn statement without he :ucts d.
sired by Mr.. Ellis being IN the record.
and when the witness stepped forward
10 Sign. Ellis said don't sign that, Gun
nj" "'cuunl,' ] wouldn't sign that"
bat he signed and his testimony is now
q part Of tho court record
This was no, the only sensation. The
hr7t was sprung ny Mr.. " o. Ellis, him
self. during the morning session, whom he
arose IN opcn court. and, In a speech to The
justices Presiding OBJECTED 20 the searct-
ing examination through which Mr.. Ban
was leading him. Mr.. Ellis was excused
Thursday afternoon. 20 as 20 allow him 10
return home for the night, the cross ok
animation by the Aefense being then 90
progress. During HE testimony thlf morn
ing Mr.. Ens appealed. In an undertono,
70 the county attorney 10 OBJECT 70 auea.
lions being pFopouuded and SAID tina; II
tho county attorney dld not DO 80 nr.
himself. would. This morning Mr. Bal
rapid succession. and he qualified his
answers 20 every direct question Al
length he stepped before the court ana
in dlgnined way. appealed to the court
10 interfere and stop what the witness
said was a fight upon him" Che wituess).
lie grew eloquent and said that, III am
guilty OF any infractlou Of the law. thank
a..
/ am able. financially To answer for IT.
This caused conaiderhbie interest and tho
crowd drew nearer the actors In the drama
80 M 10 hear distinctly each Huccee1iug
word.
The interest shown tho nrst day Of the
hearing did not decrease and tho court
room was crowded Many citizens Of
Fort Bend county were present who az
cured Colonel whatley and Mr Andrew.
that they were not In sympathy with VIVA
was being done. II was openly asaer,e &c
that the me iority OF the people OF thL
county Is opposed to what they beiev,
s was a malicious prosecution. Not onl,
was this feeling of friendship CIV
ident In the way mentioned, bu
tho hospitalityV OF their homes wa
rendered to the visitors and every posslbl
courtesy shown. In addition TO the Wis
itors mentioned In today's Post, there wer
present Colonel John y. Rogers Of Gal
weston aud JEFF D. Bryant and r. "
House of Houston. The latter came as a
attached Witness
When Cunningham, the complaining wi
ness In the case. was brought into court b
Sheriff Darst the great crowd OF Gag,
listeners surged to the front anxious
hear every word that fell from his lip
]Ie looked III and worn, having just oorr
from bed OF sickness. As the examin;
ton Of the witness proceeded quiet pr,
vailed. lie spoke in nervous underton
that made It almost impossible for ever
ono to hear. When he decline
to give the name of the part