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

of,cs tina, he would have Colonel wh7iley
conire through with bracelets on?
Mr.. Masterson-Yes, sir.
MR.. W. l. MOODY was next sworn END
said 81 know Mr.. ". o. Ellis
Mr.. Ball-Dii Mr.. Ellis state 10 you, OF
IN your presence, tina. he would have Col
onei Whatley scratching inside OF the |
wall. OF the peniteniiary within SIX
Mr.. Mooay-He did That was said
publicly and not In confidence.
C. W. REDDrcK was the next witness
sworn.
Mr.. Ball-Did you not hear Mr.. w o. |
Ellis state, prior 10 the ding of the COM
plant in this case, that he would give
$1,000 TO have Whatley put out OF onlce
The county attorney objected TO the
| question The court ruled that the ques-
| ton was pertinent and the witness must
| answer.
The county attorney insisted that the
witness be not required to answer ana
| cited number of cases TO sustain MS
position.
The court sustained its former ruling.
Mr.. Reddick--He never said that TO me,
! but he stated 1t in the presence Of Judge
| Norman (the justice in this case)' myself
| and others. That Is he said he would
| give $1,000 TO see Colonel Whatey out OF
office l was in the employ Of the State
for ten or twelve years under Colohei
I whatley and Major Goree. am not now
! in the employ of the State and have not
! been for two years. I never lost a days
/ pay during that time of ten or Twelve
! years service as sergeant on account OF
| sickness or temporary absence. was OF
| at different times and lost time two or
three weeks at time from sickness l
served ten or twelve years as sergeant on
! the Ellis plantation. The first year of
my service was while Colonel Ellis was
/ one of the lessees
CAPTAIN JAMES G. SMITHER was
! the next witness;
II am at present assistant superinten-
dent and have charge OF the Huntsville
! penitentiary. l have been in the employ
| OF the State for about eighteen years
| Prior to entering the service Of the State
I was in the service OF Cunningham Il
/ Ellis During the time / was In their en-
/ ploy they were lessces of the Texas pent-
teutiaries. worked for them as sergeant
/ on outside forces and as sergeant at the
walls While In the employ OF Cunning
, ham & Ellis l lost time. No deduction
has ever been made from my pay on ac-
I count OF such lost time. No deduction has
b., ever been made from my pay while In the
service of the state on account or time
lost by reason of sickness. As assistant
i superint 4ndent OF the penitentiary, when
! the employees under me are temporarily
sick and excused on account thereof no
deduction is made from their pay unless
Y the state is compelled 10 employ an extra
man In their place, and at an addluonal
cost to the State"
At this juncture the county attorney
returned to the court room and approach
ing the bar Of the court said:
''Your honor. this is, the most peculiar
proceeding ever saw. Men are standing
q,
tho Judges stand and crowdlng around
the table. ] was made to sit down awhile
ago and now 1 want all the others to do
the same"
Justice Norman said; "As courtesy to
the county attorney, the gentlemen viii
please take seats
When order was restored Captain
Srnlthcr continued: ut is a fact that at
the penltentiary at Huntsville during
Major Goree's administration, that Cap
tain West. who had long been in the EN-
plov of the State and a valuable officer
was very sick and in his last illness the
men who were In the employ OF the
> state doubled up and performed his du'
tics when he was unable to do So He
was permitted to draw his pay as under
keeper and the men made no extra charge
: to the state | have a very valuable mar
now at Huntsville, Captain Kelly, the
uuder-keeper who il sometimes sick anc
excused and no deduction is made from
his pay The positions of sergeant aho
under-keeper are difficult to I'll with gooo
men and when we get a good one we Try
to keep him.
conducted by Major Davidson assistant
county attorney Captain Smither said
cunningham & Ellis. while was II
their employ, paid mo their money II Is
the duty of the sergeant to be arouht
with the, force, and In the camp at al
| no
, from the superlntendent assistant super
intendent or the Inspector / do not know
thnt a. ia I'm the printed rules or law. hu
it Is a custom that the GUARDS and ser
/ geants on or before the 18th of the month
following the month In when the serNle''
are rendered, are PAID
WHARTON BATES was next sworn:
. al am an inspector Of the state peni-
! tent.aries. Ellis camp No. /, AT sartartta'
I was In my division In July last MI Al-
p. drnvs had authority from me as inspector
e 10 leave his camp during sickness IN july
i ISij | authorized him to place temporar-
a ilv In charge as sergeant any guard In his
y force that he thought most competent 10
hu the rosition. | further authorized him
! that whenever he thought his health IN
K condition to resume his position as ser
: reart to take immediate control | have
! given further or general instructions TO
g sergeants whenever they were sick, OF
! their guards TO double work among them
l selves. so as not to lose any time and to
not cause the party sick to lose time unleHs
> 1t was necessary to hire some one to MI
( the place not already In the service. ] he
: object ! mad in giving those instructions
l. WIS to keep az much as possible expert
, enccd men in the business. | know, as a
" matter Of fact, that Mr.. Andrews was
" sick part OF the month of July, 1875 and
:. leave of absence was given him on accoun,