The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1896-01-23
DEFENDANT APPEARED BEFORE
AN EXAMINING COURT AT
RICHMOND.
.A1GHANGE OF venue WAS REFUSED
General Openheimer Explained the Ac-
ton of the Penitentiary Board-W.
O. Ellis. Chief Witness of the
State, on the Stand

Richmond, Tex, Jan. 16.-(Special)-
Before two justices of the peace sitting
as an examining court today appeared
Superintendent of Penitentiaries. What
ley and ex-Sergeant of Convicts Reddin
Andrews to answer charge of swind
ling. Besides the principals there were
present Comptroller Finley, General
Openheimer of the pententiary board;
Col. Joe. S. Rice, financial agent of the
penitentiaries; J. p. Gibson, assistant SUI
perintendent of penitentiaries, and
large number of friends of Mr.. Whatley
and Mr.. Andrews.
The defense asked a change of venue,
alleging prejudice on the part of Justice
Norman, who issued the writ. 1t was
not granted, but Justice Jones of anoth-
er precinct was asked to sit as an associ-
ate. which he did. The charge was
swindling the State of $50, it being al
legged that Superintendent Whatley had
approved pay roll on which Sergeant
Andrews drew money to which he was
not entitled, he having been sick for the
month in question and not having per-
formed any work. The case was gone
into and much testimony was intro
duced.
In the motion for change of venue the
defendants stated that they verify be-
lieye. and here now charge the fact to
be that one w. o. Ellis, who is person
al enemy of defendants and who has re-
peatedly shown his malice and i'll will,
especially toward defendant Whatley,
has inspired and set ON foot this prose
cution for the purpose of injuring and
harassing these defendants; that having
failed in his efforts to use the grand jury
of Fort Bend county as an avenue for
his personal spite and spleen the said
Ellis has resorted to this method in or
der to injure and harass these defend
ants and has heretofore openly boosted
of his influence with the justice OF the
peace now presiding, and through and by
him he would have a prosecution begun
in Fort Bend county that would result
in these defendants being placed IN
irons"
The motion was denied and Justice of
the Peace Jones was seated as associate
examining Justice. -
General Openheimer was the first wit
ness. He stated no charges had been
made before the penitentiary board
against Mr.. Whatley, that Mr.: Whatley
had explained this case to the board and
that his action had been approved by
resolution.
On redirect examination he said: II
know of no rule of the board and no law
-iustifying the payment of public money
for services not rendered, excepting III
case of temporary illness, which, being
Il custom, has been perpetuated by a reso-
luton adopted by the board. The peni-
Tertiary board took it upon themselves
to approve the actions of Colonel What
ley in the charges pending against him
without hearing evidence against him.
. except upon inquiry made by member
of the board"
w. o. Ellis was the next witness. He
testified that he was superintendent OF
the Ellis plantation; Sergeant Andrews
was sick during July, 1895; Jim Lloyd
acted as sergeant during such time; COM
planned to superintendent of Andrews
absence and inability to perform service.
Andrews being sick at the time. Told
superintendent that he wanted another
sergeant
Correspondence between the grand
jury in regard to the appearance of Ellis
before that body was introduced. Dis
trict Judge Rees answered that the facts
themselves constitute an infractiOn of the
penal laws on the part of either Whatley
or Andrews Ellis then testified that he
had talked to the foreman of the grand
Jury before he went before that body.
Didn't remember having any conference
with Justice Norman but had discussed
it with Constable Black. S. B. Cum
ningham talked about the case. He
told me that he felt very much wounded
because of certain SANDER. told him
at the time | wished he would let it
alone, hut if he was determined | wished
he would wait until | got out of the
power of Whatley and Andrews. l had
another conversation with Cunningham
in December and told him in substance
that he could not get even now if he
wanted to-"
In answer to question: 81 stated that
I thought that Whatley and Andrews
would pass through Houston in irons,
but stated that had nothing to do with
it."
A night session will be held. The case
will not be concluded, however, before
tomorrow evening.