The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1896-01-18

llNkHHtS
,srhera is a good deal that / would not
say replied Mr. Cunningham.
II only want you to answer the ques-
,ior, | asked" said Mr.. Ball.
The wltness-I don't know.
Mr. Ball--Were you advised or coun-
seled 10 make such a complaint?
The witntss--I had parties tell me to
make the complaint but l amt agoing TO
tell no names
Mr. Bail--Who were theyf
The witness--I won't tell.
Mr.. BALL will ask the court to compel
the witness to give the names.
Juatice Norman ruled that he must an
swer and the witness said:
MIR. ". .. Ellis advised me TO make the
complaint"
MIR Ball-Would you have made this
complaint without you had been put up to
It?
The witness-I would not unless l had
been told the facts.
Mr.. Rali--W1o told you the facts?
The Wltness--Mr. Ellis.
Mr.. Ball-llow are you working on the
Ellis place?
halves.
land. team and tools?
The Witness--Yes sir.
Mr. Ball--iiave you any property IN tnis
state subject to execution or forced SAFE
Tho Witness-I have no property except
household furniture.
MIR Ball-Who advances you to make
CROP
The Witness--Mr. Ellis
Mr.. Rall-why were you not hero yes
terday?
Mr. Cunningham--I was sick
Mr., Ball--Did any one ccme after you
this morring?
The witness-Mr Black came this morn
! ing but was sick.
Mr.. Ball-Why did you come this AFTER
/ noon?
! The Witnoss-The sheriff came after me
I with a doctor 1 had not been out of bed
/ hut once this morning I never saw tine
/ sergeant's books or pay roll before max
ing the complaint. have never seen them
| since. ] had one or two talks with Mr-
/ Ellis about making this complaint.
! Continuing the witness said II think
the first conversation / had was at Ellis
store In November | can not tell when
and whore the next conversation occurred.
have had no conversations with lin
since.
nedirect-I nm familiar with the conf
! plafpt. II is composed of Reddn Andrews
I and Mr.. whatley swlndling the State out
. Of $75. ] swore that l had good reason to
/ believe and did believe.
v
The wituess-l got the evidence from
other parties Mr. Ellis induced me to
make the complaint No one else ever
1 talked 10 TIE about II
Mr.. Ellis here submitted questions to
the county attorney which he had writ
ten out requesting that the county at
torney ask them. Mr.. Ball objected and
Mr.. Ellis began to read what he ha1
written. Mr. Bail objected, addressing
the court: your honor. | object to Mr..
Ellis Interfering with this examination
At this point the witness said Mr..
Reidin Andrews insulted my wife Is the
reason made the complaint"
Turning to the witness the county at
tornev asked him the direct question:
rs that the reason you made this COM
plaint?'
YES. sir" replied Cunningham.
~ dismiss thu case" said Mr.. Styled
ana walked aw y.
When this was heard chaos reiEnod.
:, Hats were hurled into the air, almost
every pair Of lungs were strained in ar
cudeavor to shout, and Colonel Whatley
and Mr. Andrews were the center Of a
group Of friends each one anxious to
extend concentrations. Some jumped
upon the table and shouted, and Court
Steuorrapher Blodcctt and the reporter
of The Post were kept busy looking after
, their papers SO that none would be
lost.
When order was restored Mr.. Ellis said
he desired to have facts no into the
docord that would refute the statements
, Of Cunningham. hut the county attorney
, informed him that the case was now be-
/ yond the jurisdiction Of the court. Cum
, ninghnm was called on to sign his testi-
, mony. but Mr. Ellis called to him not
to sign It. The paper received the sigma
ture required by law. however,
, This ended the proceedings Of a pre-
liminary hearing before two justices or
, the peace and the visitors hurried to
! catch the train, which was then almost
due. The announcement that the case
was dismissed was made at sos o'clock.
County Attorney Styled did well the
work assigned him. lie was the repre-
sentative OF the state, and was acting
upon complaint which had been made
against the law he was elected to see
executed. and while he was rigorous in
his demands that the rights Of the State
should be Observed he was complimented
rather than condemned. His action in
withdrawing when The facts were de-
ve,opod that were brought out in Gun
ninghams testimony. called forth com
incubation from all
,. Mesrs. 7. II. Ball and oscar d. Kirk
land made fine defense for their clients
and handled the case admirably. They
realized, the serious charge that confront
cd them, and having confidence in the
honesty and integrity of those they were
defending they felt an interest that was
personal as well legal. 1t was a happy
ending. and the love feast at the close
washed out the bitter taste OF the pros =
, cution.
Feeling that some expression was due
the citizens of Fort Bend county for their
kindly interest In the matter. a commit