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

4
onice. was In the employ OF the state
| Tor ten or twelve years under Colonel
| Whhtley and Major Oorec. am not now
IN the employ OF the State and have not
been Tor two years. never lost a days
! pay during that time of ton or lively.
| years service as sergeant on aceo,,n, on
sioNnreS or temporary absence. I was on
~ uutefent times and Lost tiino two or
three weeks Mt q time from sickness. |
served ten or twelve years nv sergeant on
,he Eiiis plantation. The first year of
| my service was while Colonel Ellis was
one OF the icssees
| CAPTAIN JAMES O. ssiIrIiER was
| the next witness;
II am at present assistant superinten-
ven, ana nave charge OF tho Huntsville
| penitcntlnry I have been In the employ
OF the State for about eighteen years
.rlor TO entering the service OF tho state
| 4 was IN the service OF Cunningham a
hniH' During the time l was IN their en-.
ploy they wore iessees OF the Texas poni.
'ehunrier. worked for thom nA sergeant
on outside forces and as sergeant at the
| WAITS. While In the employ OF Cunning
| mum q Ellis ! lost time No deduction
mas ever been made from my pay on nc
count OF such lost time. No deduction has
ever ncen made from my pay while In tho
| service OF the State on account OF timc
iost by reason OF sickness. As nssstant
superintendent OF the penltcntiary. when
| inc employees under mo are temporarily
sick and excused on account thereof, no
deduction IN made from their pay, unless
the State II compelled TO employ an extra
man In their place. and at an additional
cost 70 the state"
| ~ thls juncture the county attorney
| returned TO the court room and approach
ing the bar OF the court said;
hour honor, this Is the most peculiar
] proceei'ng ever saw, Men are atnndlnR
up all over the court room nnd nlttin,; on
thc Judges stand ana crowdlnK around
inc table ] was made to ait down awhile
ago and now l want all the others to do
| the same"
Justice Norman said; AS courtesy to
the county attorney, the gentlemen will
plsnse take seats"
When order was restored Captain
Smither continued; ut IL n fnot hint al
mo penitcntiary at Huntsville during
| Major GoreeH administration. that Cap.
hln Weat VINO had long bocn In the en-
| ploy OF the State and u valuable officer
was very sick and In his last illness tho
men VINO were In tho employ OF the
State doubled up and performed his du-
TIES when he was unable to do So Hel
was permitted TO draw his pay MS under
| Keeper and tho men made no extra charge
to the State | have very valuable man
now AT Huntsville, Captain Kelly, the
| undor-kccpor, who In sometimes sick and
| excused and no deduction IN made from
| his pay. The positions OF sergeant ana
| under-keepcr are difficult to M with good
| men and when we get good one we try
| to keep him"
| Tho cross-exnmlnation for tho state was
| conducted by Major Davidson, assistant
F, county attorney, Captain Smlther said
| CUNNINGHAM & ELLIS. while | was In
| their employ, paid me their money n IN
the duty OF the sergeant TO be around
| with tho force, and In the camp at all
| times, unless he gets permission to leave
| from the superintendent, assistant super
intendent or the Inspector do not know
that II IA In tho printed rules or law. hut
II Is custom that the guards and ser
| gcnnts on or before the 18th of tho month
following the month In which the services
are rendered. are paid"
| WHARTON BATES YVES next sworn:
| ~ am an inspector OF the State poni-
tentiarles, Ells camp No. 1, at saftartin,
| was IN my division In July last Mr., An
| drews had authority from me as Inspector
TO leave hs camp during sickness In July,
1885 / authorized him to place tempornr-
lily IN charge us serRtant any guard In his
force that he thought most competent to
| nj the position. I further authorized him
| that whenever he thought his health In
condition to resume his position as ser
| gennt TO take immediate control, | have
given further or general Instructions 10
| tergeants whenever they were sick, or
| their guards, to double work among them-
| nrlycs. so ms not TO lose any time and TO
not cause the party sick to lose time uhlens
1t was necessary to hire some one TO MI
| the place. not already In the services. Tho
| object mad IN giving those Instructions
| WIS to keep M much ns possible expert
onccd mon In the puslness. know, hh
| matter OF fact, that Alr, Andrews was
| sick part OF the month OF July 1872, and
| leave NJ absence was given him on account
| of that sickness. The instructions given
me. related above. have been generally
| eiyen at every camp In my district 7
| have never given any Instructions regard
! Ing how to nuke out the pay rolls or 10
how the matters have testified about
| should appear on the pay roll On the
nay roll for the month of July, 1905, there
ia nothing to show that Mr.. Andrcws
| was nbsuat or sick.
REDDIN ANDREWS, ono Of the do |
PENDANTS made tho following sworn state
ment;
~ was sick during n rart OF the month |
| OF July, 1906 obtnined leave Of nbSence |
| from Superintendent Whntley and In |
| spector Bates, and left tho camp on the |
| 9Th OF July and returned OH the I'D OF |
| that month When left put Jim Lloyd |
| in charge OF he camp. settled With LLOYD |
| for his extra service ana received my iuli |
salnry for July s7h"
At I.25 O'Clock sheriff Darat appeared |
In court with s y. Cunningham.
| lie was placed on the stand by tho State |
| on motion OF the attorneys for the defense.
lie said ~ know the nature OF the case
| on trial" Tho county attorney had no |
| other qIeatiod.
| Cross-.xamIned by Mr.. Ball. made the |
| complaint December 81. was wording on |
| Enis' place at tho time, know Roddln /
| Andrews left IN July. Don't know when |
| he left and don't know when he returned. |
| lie was gone about month. Don't know |
| how ! know II.
Mr.. Baii--what do you know. Mr.. Gun.
| ninghRm, about conspiracy between II. |
| A. Whatiey and Roddin Andrews 10 de-
| fraud the State out OF ff5?
| The witneeB--I have nothing 10 ray |
| about that Mt all.
MIR, Bnll--What do you know about Col |
| OF 81 l.. A. Whntloy and Reddin Andrews
| combining together to dtfraud the State
Of Texas out OF '75. as charged In the com
plnint which you nader
The witness-I have nothing to say about
that at all. know nothing about that
rhrt Of II.
Mr.. Eali-How come you, then. TO mako
| such complaint against reputable eth
zcns like Colonel Whatiey and heduir
Andrews for an offenso OF which you knew
! nothlng7
''rhcrs Is good deal that would not
say" replied Mr. Cunningham.
~ only want you to answer tho qucs-
tion l asked" said Mr.. Ball.
Thu vltuee.-I don't know