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

OF 500 acres Of land that he and l.. a.
Eilis had agreed that he CMasterson)
should rent and work, we drifted TO the
conversation Of my being short Of lanor
this year. Whilst do not remember the
exact words that used TO SIR Mssterson.
] Do know that had cognizance that TINS
arrest would be made, and ! may hnvel
said that he would come through here
with the bracelets on.
Mr.. Bail-Did you state in the barber
| shop In the town OF Richmond In con.
\ versation when Mr.. S. J. Winston and
Mr.. McFarlane were present that You
| would have Colonel Whatley back here
| IN irons7
Mr. Ellis-I do not remember.
Mr.. Rail-Answer yes or no.
! Mr.. Ellis-l will dictate my answer.
Nr. Bsll--It is direct question.
Mr.. Ellis-l do not remember having
/ used that exact language, but / may have
used something to that effect: In fact,
think possibly did. l am constrained to
/ think did. because these gentlemen say
! 30; but | want II distinctly understood
/ that / never In any shape, form or fash
; ion asserted that l had the power or
{ authority to do such a thing
Mr.. Ellis again addressed the court,
{ saying; Now. your honor this matter
I should be curtailed riKht now. II they
, want to know the relation Of myself and
I Colonel Whatley they can learn 1t by
simply asking one question and VIII
/ answer 81 directly. think II Is time the
. court house had ceased TO ne filth shop.
Mr. Eall-lt seems TO me that counsel
/ for the prosecution has reversed his previ-
( Gus expressed opinion as to the adrnis-
ability and pertinancy Of an investigation
I Df this branch Of the case. It is desired
by counsel for defendants to show the
motive that has brought about this prose-
/ cution. The county attorney has already
+ admitted that evidence of the acts ana
I declarations of the witness bearing upon
this prosecution are admissible for the
purpose OF showing animous ana motive
The motion on file charges that this II
Z malicious prosecution, in which Mr.. Ellis
/ f. Concerned and now when we are fairly
IN the. oross-eXamination of the witness
as 20 what he did and said IN regard 10
ftis prosecution prior thereto, when We
ara getting at the very heart Of the man
ner In which the prosecution was begun
nnd digging ut the roots Of the whole
affair. II Is proposed to cut us OF by
simple inquiry TO Mr.. Ellis state or
feeling toward Defendant Whauey. Sup
pose ne answers that n was bad. That
answer would not connect him with this
prose sutton. show motive, or affect his
credlbilty az n witness, There may be
many men who do not like some other
ran. who would scprn 20 use criminal
prosecution as means 70 gtatify personal
Nl-wlll. Now, II we can show that THIS
y ltress BY his own acts ard declarations
should not cut us off and smut out such
facts
County Attorney Styled replied: while
T nave concurred in the opinion Of Captain
HaN that the testimony thVs far obtained
WIS pertinent, the further inquiry de-
vel1ns a motive and object / do not un-
ders and and l feel that some limit
should be given or an end put to these
questions ] now regard entirely irrelevant
and should not burden the records. l OBJ
iart to furi her questions of ike nature 10
| the ones row being asked
MIR. Ball-We OILY have two more ques-
tons 20 ask the witness. and If you VIII
Only permit the witness to answer the
questions it viii soon close the inyestlga-
lion OF this witness
SIR Ball-Ou the day the defendant APP
pcsred at Sartartia for examination and
! after the examination had heen postponed
hy the State did you not offer 20 bet 5000
that when the hearing did take place that
the Justice OF the peace, Mr.. norman;
would bind these defendants over. and did
Won not the day after the last Issue of the
Texas Coaster, IN tho printing Office make
the same statement in the presence OF
George Dunlop, BOB Mcgee and Oscar
kirkland and Constable Black
Mr E!iis--I have said that would
bet 5000 that b. NJ. Norman bound him
over and that i. <. Reese, district Judge
Of this district, would affirm It.
Mr. Ball-Did you not in the presence OF
W ! Moody al Surtarita state that you
would have Colonel Whatley scratching
on the inside OF the penitentlaty In less
. than six uonths2
Mir. Ellis-W hatever may have said TO
, W J. Moody. he being an eX-employe on
the Sartartll plantation. | would have
, I said In confidence and whatever | may
have sqid about the defendants golns
% the ucnitentiary would have simply
! BEEN such suppor, as any truthful, honest
oil pft al
,, his county and district in executing the
laws.
AT this point the state rested and Mr.
r. w. House OF Houston was paced on
the stand ny the defense Il was rot
, present upon this investigation yesterday
came up this morn,ng. Mr. Ellis came
INFO my ofiro and stated that Colonel
, Whatley would likely he arrested In a
few days and that lie would probably
have handouts or nippcrs on, or some
thing like that. That was The hrst
0 had heard Of this case. l don't think
there was anything else said at that time
IIo called me up by telephone on another
occasion He frs, talked about some
private business He asked me " | hae
+ read the papers told him yes, that
had seen something about Colonel What
K ley. told him ! had and that II 1t was
SO II was pretty bad He then asked m,
If | could not come out and bring GENE
one with me who was a fair-mnded man
7 told him | thought II was hardly prob
y able that 7 could come Iic suggested
II that | bring Mr. Sam Allen with me ant
he stated he just wanted Justice done, al
s though he said he had nothing personally
;. 10 do with IT. That ended our con
q vcrsaton.
+ s j. WINSTON for the defense was rex
8 sworn. II was In the barber shop las
Saturday evening Mr.. l. McFarlane cam
:. in n little later l think we "erc DIS
II cussing the arrest of Colonel Whatle!
r, nuI Mr. Andrews. short time after
S ward Mr.. Ellis came IN hurriedly AM
asked me to Join a lodge he was rryinl
y TO organize. | told him | would not toiI
then but ] would see him later about IT
= He insisted several times on my joining
= but | put him OF every time the am
l. way. l finally remarked that Il ! di
n not ioin he would have me arrested. Thi
It was said In joke. He remarked: 'Yo
r, think | will have you arrested. sug
" gested that he ought to let the matte
= drop. | told him If they continued n
" they had done In the matter that 1t woul