The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1896-01-23
EEL THROUGH V|THTA THUD
DID THE CASES AGAINST COLO
MEL WHATLEY AND MIR. RED
DIN ANDREWS.
DISMISSED BY COUNTY ATTORNEY.
S. B. Cunningham, Complaining Wit
ness, Signed Statement Saying
That He Was Induced to Bring
the Charge by w. o. Ellis.

Richmond, Tex, Jan. 17.-(Special.)-
The walls of the court house of Fort
Bend county resounded with cheers this
afternoon, and the proceedings of the
court were so unceremoniously interrupt
ed and so suddenly that Sheriff Darst
and his deputies were unable to stop it
in it's incipiency. There was nothing I'M
lawful in the demonstration, and moth
ing done but what met with the approval
of everyone, but it was proceeding so
unusual that it will forever be remem-
bered by all who were present.
The preliminary hearing of Col. l.. a.
Whatley and Reddin Andrews, charged
with swindling the State of Texas out OF
$75, began with an unusual proceeding
by bench of two judges sitting, and 1t
ended with an occurrence as unusual and
very sensational.
it was caused, by the testimony OF ).
r. Cunningham. lie had been subpoe-
naed to be present, but was conspicuous
the first of the hearing by his absence.
This morning when he was called he dld
not answer and Justice Norman entered
n fine of So for his nOn-appearance, ana
an attachment was sent Tor MN. Con
stable Black telegraphed from Sartartla
lust before the noon recess that cunning
nam was sick, and the defense insisted
upon having him so earnestly tnat an at
tachment was placed in the hands OF
sheriff Darst. who went to the Sartartia
plantation with n physician, DR.. billiard,
TO examine into the patients ability to at
tend the summons of the court, and TINS
brought him. 1t brought forth the Sensa-
ton of the day. The sensation began to
brew when the witness said he was III
duced to make the complaint by W., ".
| Ellis, and it reached its height when
County Attorney Styled dismissed the
case, with Mr.. Ellis eagerly asking the
court to allow him a hearing and not to
allow certain statements to go into the
record. He had questions written out
which he wanted the county attorney TO
PROFOUND to Cunningham, by which he
| wanted Cunningham to testify that he
| (Ellis) said he would have nothing to do
| with it." and his voice could be heard
| above the cheers of the crowd.
| The case was closed however, and
| Cunningham was called upon to sign
his sworn statement without the facts
desired by Mr.. Ellis being in the record,
and when the witness stepped forward to
| sign, Ellis said: Don't sign that, Cum
ningham; | wouldn't sign that" but he
signed, and his testimony is now part
| of the court record.
This was not the only sensation. The
first was sprung by w. o: Ellis himself
| during the morning session, when he
| arose in open court and i'll q speech to
the justice presiding objected to the
searching examination through which
Mr.. Ball was leading him. Mr.. Ellis was
| excused Thursday afternoon so as to al
| low him to return home for the night
| the cross examination by the defense be-
ing then in progress. During his testi-
mony this morning Mr.. Ellis appealed,
| in an undertone, to the county attorney
| to object to questions being propounded,
| and said that if the county attorney did
not do so he, himself would. This morn
ing Mr.. Ball began showing questions at
| the witness in rapid succession, and he
qualified his answers to every direct
question. At length he stepped before
| the court and appealed to the court to
interfere and stop what the witness said
was fight upon him (the witness). He
grew eloquent and said: IF am guilty
of any infraction of the law, thank God,
| by the assistance of Il noble father, L am
| able, financially, to answer for it.
The interest shown the first day of the
hearing did not decrease and the court
room was crowded. Many citizens of
Fort Bend county were present, who as
sured Colonel Whatley and Mr. Andrews
that they were not in sympathy with
what was being done. 1t was openly as
serted that the majority of the people of
this county are opposed to what the be-
lieve was Il malicious prosecution. Not
only was this feeling of friendship evil
dent in the way mentioned, but the hos
pitality of their homes was rendered to
the visitors and every possible courtesy
shown.