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

cropg 80 :
Thc witness-Mr. Ellis
Mr.. bail-Why werc YOU not here yes
torday,
Mr.. cunnlnghan--i was sick.
Mr. Bail-pid any one como after you
this morning.
Tho Witncss-Mr. Black came this morn
inr, but l was sick.
Mr. Bail-Why did you come this after
noon9
Tho WitncEs-Thc sheriff camc after mo
with doctor. I had not been out OF bed
but once this morning. ] never saw the
sergcant's books or pay roll before maxi
ing tho complaint have never seen them
since. I had one or two talks with ar.
Ellis about making this complaint.
Continuing the witness said; II think
tho first conversation 1 had was at Ellis
store In November. I can not tell when
and whcro the next conversation occurrei.
have had no conversations with him
since.
Redircet>-f am familiar with the cont
plant. II is composed OF Reddln Andrews
and Mr. whAtley swindlinE tho state out
OF SIS. ] swore that had good reason "a
believe and did believe.
Qucstior.-Whnt WIRE your rensonsr
Tho witners--l got tho evidence from
other parties. Mr. Ellis induced me to
mako tho complaint. No one clso ever
Mr.. Ellis here submitted aueations tn
the county attorney which he had writ
ten out, requesting that the county at
torney nsk them. MIR. BAH objected and
Mr., Ellis began to read what he had
written. MIR. Bah objected. addressing
the court: "Your honor, l object TO Mr..
Ellis Interfering with this examination
Al this point the witness Paid; "Mr.
Reddin Andrews inpilted my wife Is the
reason 7 made the complaint"
Turning to tho witness the county nt-
tornoy asked him tho direct question:
SIS that the reason you made this COM
plaintg"
''Ycs. SIR replied Cunningham,
~ dismiss the case." said Mr.. slyneld.
and walked awiy.
When this was heard chaos reigncd.
Hats were hurled into the air, almost
every pair OF lungs were strained In an
endenvor to shout. and Colonel Whnucy
and Mr.. Andrews were the center of n
group OF friends each one anxious to
extend congratulations. Some Jumpeu
upon the table ana shouted, and Court
Stenographcr Dlodgctt and the reporter
OF The Pest were kept busy looking after
their TlpcI-. 70 that mono would be
lost
When order was restored Mr.. Ellis said
he desired to have facts no into tho
dccord that would refuto the statements
OF Cunningham, but the county attorney
informed him that tho case was now be-
yond tho Jurisdiction OF tho court. Cum
bingham was csllcd on 10 sign his tcsti-
mouv. but Mr. Ellis called 10 him not
to sign II. The paper received tho sigma
turc required by law. however
This ended the proceedings OF n pre-
'iminnry hearing before two Justices OF
tho peace and the visitors hurried TO
catch tho train. which wap then almost
due. The announcement that the case
was Dismissed was made ut sos o'clock.
County Attorney Styled did well tho
work assigned him. lie was the repre-
sentative OF the State, and was acting
upon 1, complaint which had been made
against the law he was elected to see
executed. and while he was rigorous In
his demands that tho rights OF the State
should be observed, he was complimentcd
rather than condemned. His action In
withdrawing when tho facts were de-
vc.opcd that were brought out In Cum
ningham'H testimony. called forth COM
mcndation from all.
Mesrs. 4. IL. Ball and oscar ID. Kirk
land made u mo defense for their clicntH
and handled the case admirably. They
realized the serious charge that confront
ed them. and having confidence IN the
honesty and Integrity OF those they were
defending they felt an Interest that was
personal Us well as legal. II WIS a happy
ending, and the love Toast at the close
washed out tho bitter tAsto OF the prose
cution.
Feeling that some expression was due
the citizens OF Fort Bend county for their
kindly interest IN tho matter, n commit
tee was appolnted on the train and tho
following resolutions formulated. which
wero signed by all Of the party.
We, the undersigned friends of Colonel
l.. A. what!ey and Reddin Andrews, APP
prcciatinE tho generous treatment Of the
good citizens of old Fort Rend county, do
hereby
Resolve: First, That we acknowledge
our obligations to tho hogpitAblo, fair
minded manly citizens Of said county for
their uniform sympathy for our friends
wtiile resting under n faiae and ground
less complaint.
second. That such support and noble
treatment could come alone from people
quick to SEQ md ready to right u wrong.
Third. That we especially acknowledge
our obligations To tho Jaybird democratic
association. To whom Fort Bend county
owes It's redemption from mlsr1ile and lite
prevent reputation az law ana order
given their highest efforts for the good
Of their homes and county.
on the Train, January II, 1896.
aigned--J. 8. Rice Davis Finley, Frank
Andrews, T. II. Bail, Wharton Bates. 4.
w. Blodgctt. Jake Keller. Y. l.. FafteH.
n. l.. Shelby. James II. Gibson. u. u.
Keown. II. u. Durham, james u. Master
son. Jr.. T. ]. Carmichael. T. J. Wilson.
J. ]. whatley. II. II. carwiie. w. l.. Car
wilo. u. Lynn, II. u. McPhnil J. q.
smither. l.. NJ. Green, Fam II. Dixon. 4,
=. McGowen. W. II. Rand. Jr., J. 4.
Dorrlty. Robert w. Braian. J. J. Bart
lett.
air. John ". Moore. president OF ths
.Jaybird democratic association OF Fort
BEND county said TO The Post correspond
ont;
II would like for YOU tn say In Tho
Post that the organization OF which am
president han nothing whatever TO do
with this prosecution. ! nm led to my
this because heard the remark had been
made In Houston that 'floec Jaybirds In
Fort Bend county nre after Colonel what
ley This IL not correct. We have MOTH
ing 10 do with this prosecution. Our or
Eanizatlon Is nothing more than n good
government club. organised for the pur-
pose OF promoting good county govern
ment."
Mr.. Moore was foreman Of the grind
Jury which met In September last who
had the correspondence with Judge Reese
which was published In The Post today.
Al one point In the hearing when coun-
ty Attorney Styled objected TO tho ad-
mission OF evidence Rs to q custom Of tho
officials of tho penitentiary not 10 deduct
from tho my OF sergnaltB md guards
while temporarily sick and Unable to dis
charge their duties, Mr.. Ball grew olo-
Quent and In addressing tho dual court
naid Your honors. I know no rule OF