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

OF the time I know OF no one perform
Ing the duties OF sergeant that month
but Lloyd and Andrews. l did not know
whether both names should appear on
tho roll or whether Andrews would set
tie with Lloyd asked Andrews N his
! name should appear on the roll for the
fun amount of the salary He instructed
me TO make II cut that way. Andrews
said he would settle with the other party.
lie said he rad seen Colonel Whatley aud
Il would be all right with him. Mr. Lloyd
| was not In charge OF the camp when An
| drews returned lloyd fell from a horse
| and was hurt.
c'ross-exarnined-I quilt the servi ,es Of
| the State at Ellis camp December Fl. !
am in no employment now. / know as
/ matter of fact that the rules of the
| p@nitent'ary pres1ribe that when a SER
geant is temporarily absent and a guard
| Is designated in his place that the guard
| simply acts and does not have the fun
| authority as sergeant, and is not allowed
to infict punishment. knew when
| made out the payroll that Sergeant An
| drews had been sirk during part Of July
and on q leave Of absence but was
/ entitled to receive S75 salary for that
month MI W O. Ellis came 10 The
| camp with Mr.. Rlack In December and
I asked me II I would testify how the pay
I roll was made oht. 4 man named Ran
/ doiph, who was In the employ of ". ..
| Ellis. came 70 me while l WAS In the EN-
! ploy Of the State and. asked me to let
! him look over the books Tho only time
/ Black talked 10 me about the matter was
{ when he and W. O. Ellis came together
! This was before the complaint was made
/ Black dil most Of the talking and said
/ probably I would be called upon 10 ics-
/ tity TO these facts. Ellis ASKED me II l
would come through on the truth and
\ said he knew ! would.
I A. this 3pncture Constable Black ap-
1 peared in court with note from s H.
/ Cunningham. the complaining witness.
stating that he was too sick 20 attend
I court The defense was granted an at
tachinent and Sheriff Darst accompanied
Z by pr. J. l. DAlari left for sartar-ia in
a carriage to learn II Cunningham Gould
/ not attend The physician and ca. riage
were a. the expense Of the lcfeudants.
". 0. FILLS arrived and testimony On
croes-exanlnati0n By the defense was re-
1 suned. Referring tn his testimony Of the
day previous Mr.. Ellis said he has con-
suited with Mr.. House since the day be-
fore l remember now that called Mr.
House VI by telephone on a matter of
business. After dlsrosing Of that business
4 ! asked ~ fe had seen the news In the
PAPER He said hc had and II 1t was true
u was very bad. asked If he could not
come out that day. He said he did not
know. ] told him that / wanted such fair
men there that every one woGld get JUS
tee. SAID: "Can you not bring sam
I Alien tAlF reasons for wanting sam Al
/ len Was because MIR. House and myself, in
! previously discussing Sam Allen had
I agreed That he Is Il fair nam. I then told
Mr.. House ! personally had nothing 10 do
1 with IT, trst I simply wanted to SEQ jus
tice done all mankind. Mr.. House said he
did not th.u6 he could come but would
/ try. That ~ about the pCrport OF that
c1uVersa' iou. At another instance think
possibly day or two before, while /
Vas so Houston hunting labor. tnll Mr.
1 House that he need not be surprised at
such an arrest. Mr. House ana haze just
! conferred and HIS and my understanding
are the same Of this conversation.
By Mr. Ball-Mr. ellis. when you stated
yesterday that you had no recollection OF
this conversation with Mr.. House, Mr..
House WAS rot present.
80. sr.' piled MIR. Ellis.
Mr.. Bull-And Is this explanation after
/ comforting with him?
Yes sir, it Is after refreshing my mem
Dry"
8ir. Balls It not a fact that in addi-
ton 70 your statement to Mr.. House in
Houston, that you told Mr.. House that
ne need not Toe surprised II Colonel What
iey was arrested and brought through in
lroas-
Mr.. Ellls--To which | reply: have Just
licensed the matter Hlth Mr.. r. w.
Iiouac aud he tells me that he remembers
mo tclliug him that he G!ouse) need not
be SURPRISED IL Whatley was arrested and
brought through. but that / never in my
$40. in referring 10 the shackles on a
criminal. that / now call 10 mind said
'Yrous" If said anything Of that kind
/ ~ al q * more than probable | said
''niup-rp" Yet. will not positively testify
what sai.f about "ulppar-." that being a
matter entirely IA an officers hands over
which I had no Jurisdiction. that being
my Judgment OF what a faithful officer
wogll do II ho was resisted.
At this point Mr.. Ellis had short
whlsnarad conversation with Mr. Siyaeld
Mr. TJus arose and addressed the court
Your honor. It Is clear to me and 20 you
and has been developed that this fight
"a directly on me. | do not care to have
intcrpolated IN this record my conYersa-
tons On the outside. II l am guilty OF
ans infraction Of tho law / am amcndahlt
to it and thank God. by the assistance OF
"a noble father. am able. financially. to
answer to it. 1 ask that the last ques-
, ] % h.. ,.i.