Fort Worth gazette. [volume] (Fort Worth, Tex.) 1891-1898, 1896-01-18

was conyic, teiReart at the sartar,ia
plantation. In the employ OF tho State
Of Texas ON or about July 1. 1866. He
was In charge of camp No. l. The
plantation is In Fort Bend county state
OF Texas, about seven miles east Of Ricn-
rcnd. L.. A. Whatley was superintend
ent OF the Texas pen!tentlary at that
time. ! was on the Ellis plantation
neary tho entire month Of July. 1875 |
think IL was on tho ith day Of July, 1885,
tiat Sergeant Andrews left tho sartartln
Plantation. In the afternoon | think, ]
won't be positive, that he returned about
July % or %, 1895, ] only raw Mr.. An
drews at tho crossing 81 the railroad
In the middle Of the plantation in The
afternoon Of the day after ne returned.
He told mo he was going TO Houston 10
sec Bates. did not see him IN the
Held any more that month. He was In
bed sick on the plantation until sonir
time In August. know o. no services
performed by Reddln Andrews as a con.
Wet sergeant Mt camp No. during July
1895. ! did sec MIR. Andrews the DAY
fter he returned. feeding mule at
the eros sing OF the railroad about eighty
yards from camp No, I. Whether he
attended TO his force that day I can not
Itesitiyely swear. lie was relieved then
bv j. W. Sweeney about November l.
1906. While Mr.. Andrews was sick.
think. he sppointed Jim LLOYD. He acted
IA sergeant In Andrews place, but | do
not know by whose authority he did so.
| think LLOYD served ms sergeant until
about July 10 or 20. I do not know where
! Jim Lloyd 4. now. do not know whether
Ia WINS paid as a sergeant or n guard.
7 complained to Colonel Whauey on July
| 70 regarding Reddin Andrewa In his ca.
pacitv as sergeant. l objected TO SUPER
| intondcnt WhAtley keeping Mr.. Andrews
on tho plantation. was referring 10
Mr. Andrews inability TO perform the
"A
| IN tho contract made between the state
o. Texas and tho contractor, and further
| referred 10 his absence and sickness. which.
rs ! remember. | stated 10 the superin-
tondent Of the nenltentiary was at that
| day. the Goth or July. about one month
| since the Sartnrtia Plantation had had
such sergeant over force No. l. MS was
contemplated by the contract Reddln
! Andrews was lying on the bod sick at tho
/ time The exact details of Colonel What
| ley's reply 1 DO not remember. I re-
| member that Co'onci Whallov nsked Red
| din Andrews when h. returned and I
| think, Andrews said: "The Tuesday artor
I got your letter" I told Superintendent
| Whatlty that I wanted another sergeant.
| 7 do not lSnow what wua the nature OF
| Andrews Illness. ! know he had n long
| sick smell lie received no bodily injuries
In the service OF the State that I heard
or thought l was on Rcddn Andrews
| bond M nergennt I asked Reddin An.
| drows about SIS which heard had been
! deposited with him (Reddin AndrcwO by
n convict. ! heard none N the details.
went 20 Mr. Andrews and asked where
the money was, lie said he had $50 In
the bank md expected TO get the other
SIS from the salary due him for july.
1906. My understanding Is that tho pay
rolls for guards and scrgohnts are made
out on tho ist OF each month for the
preceding thirty days.
Crops-examlned--t think Andrews was
employed on tho plantation as sergeant
about two months before he left on July
4. 1885 | do not remember whether
had made complaint 10 Colonel Whatlcy
about Mr.. Andrews prior to july p, It
Is a fact that when Mr. Andrews took
charge Of the force as sergeant that
offered to make his bond [ do not
know that Superintendent Whntley dc
c!ined to take the bond. but inter was
Informed, | think, by Sergeant Andrews
that he had declined to accept the bond
wrote to get the bond. but have never
cotton II. II I ever received any answer
I do not know OF II. e ~ barely possible,
however. that he might have written the
contractor. but nave never scon the
letter. Mr. Andrews was sick al the time
he left--Iuly 1. I think about August .
that Andrews told me he would get pay
for the month OF July.
Tho correspondence between the grand
September. was admitted, us folowsi
Hon. n. 8. Reese. Judge Twenty-thlri Ju-
dIcial District:
Dear Sir; We, tho Grand Jury. Septem-
her term, 1S9b. would respectfully ask the
court for legal advice on the following
question which has heen brought before
us. and as We arc In doubt as to whether
II N our duty TO lnvestigntc tho matter
we would like for the court TO ADVISE the
grand jury.
Mr.. W. q. Fills charges that in tho pay
roll OF the Ellis plantation for July, 1886
by financial agent OF Texas penltentiarlcl
1t shows that Sergeant Reddln Andrews
and Guard Jim Lloyd received pay f6r
salaries for the month OF July. Mr.. Fills
represents that Mr.. Andrews was not on
the Ellis plantation during tho month Of
ihiv and that Guard Jim Lloyd Allied his
(Andrews) position during tho absence OF
said Andrews, Andrews drew salary for
services not performed and jim Lloyd
filled two positions at one time while In
the employ OF the State. Mr., Ellis claims
that Superintendent Whatlcy Of the state
penitentiaries should also DO indicted for
approving said pay roll.
| We have no further business OF import
auca before Ms, and " there IL no, law
under which We can take up the peniten-
itary employer Investigation matter iwe
are reudy to adjourn.
John NJ. Moore,
Foreman of Grand Jury.
REPLY OF JUDGE REESE.
The grand jury Ia instructed that Tho
facts stated In the within statement dc
not, OF themselves, constitute nn iniractlon
J OF the penal laws OF this state on the
part OF either OF the parties named.
II Andrews, represented to the persons
through whom he drew his pay that hC
worked for the time stated M sergeant Of
cOnvicts, II such representations were
false and known to him at the timo tc
be false, and were frauduiontly made ana
IL by reason and through the reason OF
such representations. he obtained pay fol
services performed, he would be guilty oil
swindllng, and II L. A. Whatloy, knowing
of ouch fraudulent and false representa-
lions advised or assisted Andrews In such
fraud. or conRplred with him for the pur.
pose of committing such fraud, he would
be guilty of swindling aa well. All OF such
criminal acts must, however, have been
committed in Fort Bend county.
II. $. REESE. District Judge.
About tho day before the grand jury OF
the September term OF the district court
OF this county I appeared before that
body for the purpose of disclosing EVIL
dcnce, had talked Of this matter public
~ | had talked to the fcrenan OF
tho grand jury before went before .hcm
and he asked me 10 come up. There was
no subpoena or attachment Issued that
know Of to procure my attendance.
don't rcu1ernher to have had any con-
ference with the Justice OF the peace. II.