The Houston Post. (Houston, Tex.), Vol. 21, No. 32, Ed. 1 Sunday, April 16, 1905 Page: 6 of 48
forty eight pages : ill. ; page 21 x 18 in. Digitized from 35 mm. microfilm.View a full description of this newspaper.
Extracted Text
The following text was automatically extracted from the image on this page using optical character recognition software:
I II J. IMJ !..
im WAS A WITNESS
. v. .- : v.
'.!:c:d Statement Made by John H. Kirbj Before
the' Special Grand Jary in Testimony ;'
. ; '.';: A- ; - vV;?::..;i
WITNESS UNDERWENT A RIGID CROSS-nAFUNATION
tlr. BiO id tk Prosecutor Turned
Dailod-F. D. Qorer Hide
i : Hxwshl Judge Kone
msuttoa Pt Bpeaal.)
Austin. Tessa. Afrit U.-Tt HMUur
' te hrih trial UK aft am a a turn k wt
f aksourttr ml tank ea kmad nw
Wmc ThfM sm4 rurreee. ea wkoa
the tut baaiwaet t hrtng ttfm In
$wr cartels aaiulsalna thai Jak M.
KJrbT. en of Um MwkM at Jgwa
to bar mad Before the apeta" graa4
" Jury of bit Jaiuutry that Mlu4
re Moore ao oka H. Kirk. k4
uatinwl llleaseiva M
three ma war Hears hUlkv. .
en a Jobneton. The ke4 aiaatra but
hs not imjI ninla tkn nav aaA la
tha Miuw the ka4 talk r tk
Hlhnntiy alleges a har baa give
for IM rrMl Jurr r Mr. Klrt Thai
giautjauried Ihem. IM UN Ooantp AL-
turner Julia Vi. area? who. wkk Um tat
Juoc I. A. htcVsJI eeoduete' the
' riaiaal Isreetureeoa. look tk viuhm
(tana. .
W mi mm mww tmr. mnmmj wm waw i
anuiA nva af tne tin. leetlrvlle as ts
atataaoaaia Bah by Mr. kirST ta la
' Howard Martla tnemora' the rrat
asaaiaeilon what Tua H. Hail of Houa-
toa coneuM: what peeve a aeoet thor-
euatt aaaa arawiaaina. w M
' lalig winttj far lb f
erua a Aaadwck aa euaipku aa aartkmaj
tbat tha mu rat aa toward Ina atoaa
of tha latutaura aa4 oa oa Bora Ina
Joda Broiaa ba4 ta anlock ta atluaUaa.
TM auailnatloa rrm4 aaaM at Iba
naal of iarfr McTaJI aaaaaotio ttk
tha pirnaaciiUna.
At th eoacluakm af Mr. Bradr'a WtV-
trionr F. A. H1M. tha tnaaurar at taa
Cook ar4 a jnartal af tlx aorvarmttoa
took tba ataak. tha piaiaai af thla taatt-
tmonr twiaa ta abow th oatry at aa It
aa Marcfc m. Ian. of Sua pa 14 Ika rtrat
Xatlnaal aaak f AuaUav To arlctaal
voucImt for tbl ttora. bwrr. Burnt
K b atabllh4. Troaaarar Halbaf aajr-
t that rnqulrr of tha attdltof af Ika
eoaipaar iaud ta iiml th aapar.
at Uarataa
. a4 Joha
WhHav th fonaar pari if ana rantMna.
trller af th rtrat National baak. Tbatr
toatlaaaaf waa ta aara aa aartaaj tha
Mnora trial anaat that tbar raa taa
BtlaH
PtBak D. Mrr fliilahaA kto aiaiaraa
ttoa. tha a faatar af kla taatlaaoay
kMnc hM axplaaatlaa af hat aa thought
Judc Koaw altoaa U ba a aotk af
t)i enavaraatioa wttk Oayrar ka wktrk
th ktttar la aa ta baa atatat that h
ana Worth. ha4 aaao a faa af IM.M
aut af Kirby a k 1aa4 aaaL .
' " Ckmr b Condutioa.
Qtover waa aa th Man
apaaa thla awt-nta. Ka
taatlflai that Warthaaa aad Eaata aa!4
aajrtalac abaat raaehinf MafaO. B aaal
Vanoarraort r4iaat(i his Boaa-
toa ta aaa Kirby aaal tbat .Taaoaraoart
aaM hi (Olarara) far ta gpaataa. Ha
ralaa that ka raoatrW ar Mat Vat tar
laTSnaM tif . a atakk Bytoc that
a aaaa aamaa ttukk ac warkak far
j Wltaaaa Idaitinal a tat tar tkjat Fraak!
D. Okmr and adlraaa.1 ta Joka M.
Klrbr aakinc for a kaaa af tM.k; k-
laiy b raaura fiaat KJrby aaebbVac ta
tub) th loaa; k tatajtraal fraak M
tdliaf Okmr ta fat klaaUaal af nit wttk
full atatawMat; Mas ram froaa nar
ta Klrbr aakim for awrtala afiiaTtU
kna Mr. KJrkr roply. aU f wbJck oa-
iwau fkruraa hi tk Warraa Moor eaaa.
Th pa para war admtttad la laaa
vor th ofajamloaa of th atat.
ua raaaraot ararainatioa jar. utorar waa
rvaa aa appurtualtr to axplaia Jads
an' atatamaat about th aUocaa ooo-
Taraatloa with Oloror hla aipUaaUoa
' raUitlnc ta th aula point of Judc
Koaa a taatirauay la aa follow: "Juda
Kon asraad altk aw that I had alwajr
i and had baea a dlaaupalBtmant to thaai
. from tlx faat that thar all thoucht ta-
load of beta a financial noraaa la a
. a mall way It would only tak aa a abort
tint to apred that Btoaay my fatkar bad
acoumulaud and wltk th maan my
wlfa bad. Thar wa k craat oaal f
City aaloay la tha aotuity. It waa
f rty aftar th oil boom la Baaumoat.
. ahead at th oil bualnaa that la I had
uta Bkoaav aa H I dtmA to blm I JuAso
Koa aararal tnatanra wbw I bad
mad vartoua nnt One af thm wa
whan I bad Mrahaaai $lu (took tat th
Hl(in Oil company. On UM oartlfl-
aata I turnad ovar to a frtand of min
' at in prtoa t paw ror 11 ; ua oinar t
bald aa ta a an layaatmaot. Short I
ftarward tk Hlayin Oil company waa
nonjanlaad. At that tlma I think th
artruul rapltaUxatlon of th eorapany
waa tm.ODS. I am aot aura about th
aanrfaiiaaiion. aui. hit war. wnan 11
waa raorjranlaad I waa iaauad ertlfUt
Vi tha aatent of tit. Inataad af I10UO.
: atock held aa treaaury atook. whlck would
b old t nromot th tntanat of th
. ontpany. I told htm Judr Koa) that
I undaratooa that lb Kirby lntaraau and
- Mr. Pat Calhoua had bouaht a oontrollna
Intaraat in tha Hlaaiaa OU omuaay. Al
' that tlm I had Bom offer on my atock
and I plaoed it with aom brokara and
old it' at a profit of omthln in the
ririahhoThood of Moot or tlO.Ona. And 1
. told Judra Kon that Mr. Kirby waa
" aattlnr coatml of th oil lntaraau down
v that la tha conraraatloo that I had
with Jodm Kon Inataad of any oonTar-
- aa'loa ralatlv to any traoa wiut in
ruiiui n nna owe
"1 never made aueri a itatemmt. I
had no enfrreraarlon with htm about any
trad with Mr. Kirby or th Kirby Lum-
bar eompaajr further than that."
"'. i' ' WWtU oriie Stand.
:j - John Whttla follow! Mr. Olorer on th
wltnaa ktaad. H wa . paylnt and re-
oMnf teller for th Ftrt Matlonal bank
' la March. 1V and mad np th 03.SO
parkac. tuina "nte money.'' Hit te-
: Umony went mr th earn around coy-
er durlmj th Moor trial. H aald Mr.
th bank but wltncaa had paid out loan
; en Mr. Wort ham 'a lafraetloiia.
Haroiaim Pfkeffltn'k testimony did not
Taty from that irtrerl at th flrat trial
;. with th axcepthia that today he waa
j; prnnttteel to iplaln fully an entry la
v th remlttaoo book abowlng: that draft
. drawn on March 11 MM by A. i. Van-
derroort on i. H. Klrbr for UUM waa
forwarded to- th Planters National bank
' at Houatoa on Maroh M
At th afternoon Be anion in araai pot
on Henry Miller a member of th frand
' jury. Thla wltneaa It darelopeo had not
. ben ander th rule and whll he had not
; heard or dlacneeed anr of th teetimony
r- slvaa at thla trial h adrnlttad that h
- and Grand Jurymen Johnatoa and Daa-
atoa had talked: over th (rand Jury tea.
lunony mroinns ina iiii-mgnu aunm
ta bare taa mad try Mr. kkirtry.- un
' thla showing lui) Brooks rfu4 to
l.t (h three frand jurymen teatlfy. Later
tiiea three grand juryman war a worn
s auid put under th rul. v;i -
- Th oounaai for th Btata the retired
Tor a brief eonaulutlon after which
t minty Attorney Brady waa oallad to th
wltneaa stand by Aasiataat Attorney 0e
enil Howard Martla and aftar arw pr
I hi I nary aueationa touohtnc bl ffloiai
i .mecUon with th saaa u. bnif.
t ...4 as f"llowi
j'-'tr k'artliv TWhotrt taW". M.
' .ui what took ri'w b'nre tli (Ta4
T whan tMs aii d b' '--T was tm
tnve(H.ufnl t W"-th d
it Ju.a li. V f.w 1 bra
- a4 iif a ti a k tat
Wltnew Wat Strati Iimalbi i
Eli Eipliiutloa of Wlut Be
Bid Reference To.
rlrramataara and the till i uniataaoaa aa
er wntck a tsetirta if be am kmtifrf
Kirby Bcforn Qrand Jury.
Brafy-Mr. Kirby aaaa be for th
traad jury after H kad baaa ta aiaalia
abaat wlL Mr. ery atjan ap ta
tk arand Jury ream kad atalad that ka
rear talad Mr. JUrky.. aa Mr. JUrk
iali id ta aspaar kerer th rad Jtsry.
My reooUaetloa la. tjanck I wwaloa't k
pweltrre. that a eaaat p tk aaaa dar
k Bhsht bay kaaa tha aaxt any. Mr.
Kirby appeared kafuri Has graa Jarr
tkos oh-aaaaa laiica.
barer ka tarUfled. K k w testify T
Aaawar It taatined aad k waa frrna
tha etatakary amraanaj. as 1 aadaranat L
I taM kla that anrthlaai k krlarkt aay
kefer th grand Jury eul ba aawi
asaiaat hba aad a for him.
). Aftar that warabat he make
say atatamaataf If ao. tafl M a ar a
y awn. FVeC t will aak yea tkh): tnd
yea pay perUralar attaaUM t what p
Bldf
AWhy I was thar rapraatatlrai flat
tat. Tea. str; aad 1 reaarded H as aa
Importam aaattsr aad paid tk beat al
kratloa I aould
Dtd jo aak tk kuaatkma. It aay
A. I tiuak I aabad all tha "aaiitliai '
2. All af tk ttatlaeT
I aau waea 1 aay f th ram
rJona I aaaa all tk vueaUoaa that war
abed by aaybody reptaaaatlna' th btata
1 think be was aaked aoaatioaa by tha
fraad Juror bat I aaked all tk qoea-
Uoaa for tk aXata. I tkink.
U-ktaW whetkar er xx be atated If
ba aaia whether aay amney was aaad ta
rmard ta tk dlaaalaaal ef th wU-trwat
kirby autt. a at at aaaraily aali
suit tamtirwl ta tkla traaaactioo.
A Mr. Urby raaaaatad the
taa ef talllac th Boat Lar. maatna ti
atatamit la ale twi way witbewt betas
aakad aeiiiaM ka teemrd ta It aad thai
wien waa (raatas Mr. a.try kecaa
atatamaat as th arand Jury:
a atatamaat la reference to hie.M
rephy aad aa forth; a rather lenstny
suiamaat aad aftar he waa thru-h 1
propoeed ta aak Mr. Kirby a few qua.
lion Sparta to eaarea at hi karrauv.
After he w throusk 1 aakad htm th
veetlea whether thar was draft for
ttUt drawa a htm by A. aV Vender
Toort. raahrar f th First KMkmal bank
af A tart In. through the Plantar and ate
cheatr National baak at Houston about
March at IkM and If ha knew e that
draft an klm. and If H was paid. Mr.
Kirby Mated that be knew of tk draft!
that be was adrtted sear tk telephone-
I think (ram Hawato (be heaaa at Baaua-
moat 1 that tk draft waa thar la taa
bank and that be entered th draft pant
told them to pay U. v .
Karkw of tb Draft. .
.-tat whether r at yva saked khn
If k knew far wkat pvpoa that draft
waa drawn aad wkat
for r k h said ferT
dad. - .
. I taa kb) amrawA . ' ''"' .
A Mr. Kirby aaM Wbaa h ai4 ta
draft ardetad tk draft aaid-tkt a ba-
hered it had kaaa ad ta pay Juds
Mcrn' la th JUrbp Uambar' emnpatiy
aarJrtruat suit.
Q.-daat whetkar ar bo b was asked
If for a asttlemeat of tk suit satslde
of eourt H waa paid.
A. He akld-I doa't know that was
aaktd la that dlreot way If ka knew it
aaa to a paid
(v-taM wkat ka said.
A-That K was ta ba paid to Judga
MePali in tha KJrby Lamhar aompany
antt-truat suit.
Q LXd yon aak klm why R was to be
Paid to Mar all and for what oonatd na-
tion I doa't aiaan at thoa ward but la
A. I am trylnsj to fet at tost bow that
waa aakad klm. He was aaked1 ta refer-
ence to th dlamlaaal ef the Kirby Lum-
ber company' a nuts whether that wa
paid to gat rid of or (at th suit dis-
missed ist them aft and Mr. Kirby
stated that It was.
O.-Dtd you ask Mat
A.-I will tell rou especially why I
remember that.
Q.-Wll?
A.-I asked Mr. Kirby than this ques-
tion. I aald: "Mr. Kirby. don't yon
knew that It waa as much a notation af
th law of Tens to bribe aa attorney
aa It waa to brio or attempt brio aa
offloarr
He aald: "No; ay attorney adrlaed a
etherwiae."
Q.-Advtsad him It wasn't rlolatioa af
law t bribe a lawyer?
A T bribe aa attorney; aad ay recol-
lection la that I then took th ststut.
th penal code and turned to the article
that eerar bribery ef aa attorney and
referred him to It.
Q. Btata whether ha wa asked and
whether he stated whether thla moaey
wa to ba used In th eettlement was to
an to the State or was to (o to McPkllf
A-I doa't think he was aaked th
Sueetlon whether It was to so to the
tate or to go to McFali. He waa asked
the question as to settlnc tha cos dis-
missed aad he thoucht it had beea used
for that purpose.
Mr. Ball: I didn't understand that an-
swer Mr. Brady f
A I ay I don't know whether he was
asked the direct questtoa whether It was
t (O to the Itat or to go to McPall. I
Bay that I don't know that he was aaked
that queetion; but he mads the atste-
ment It waa to go to Judge McFali: that
he believed the money was to so to Judge
McFali or had been paid to Judge McFali.
Aikcd Direct Question.
Q flute whether or not yon asked him
using the word "bribery." IX he know It
was wrong to bribe a lawyer?
A-I did air. I asked klm that direct
cueetlon.
Q Juat tell us the question you aaked
him kad th aaswer so we can under-
stand A Gentlemen the question I asked
him was thla; "Doa't you know it waa
as much a violation of th law of Tens
to bribe or to attempt to bribe an attor-
ney at law aa It was to bribe or attempt
to bribe a Judicial officer?" That 1 It
uatng I bellere almost my literal lan-
guage. Mr. Kirby said: "No my attor-
neys have adrlaed me otherwise" and
by the way ao that that may be clear
I will a tate that Mr. Kirby aald that h
had consulted rounsel before he cam up
and had gone ovsr hi tastimony before
th arand jury.
Q. That ha had consulted attorneys?
A I think he said he had consulted at
Houston and asms up her I don't mean
to aay h told them this but he had
spoken to hla kttoruey before he
came up.
Q. Mr. Brady you being before th
araad Jury you knew If there la aay
other queetion? .
v How Chug Was Made.
A-Tker Is en other matte I tak to
be Important I regard as hnpertant that
t ffiavtMMd with yon aad that fa thlsi I
aakad Mr. Kirby If he was tha snip atoek.
holder of th Kirby Lumber company and
a Bald that thai war several stock-
holders t aakad Mm hew th eharga
f this PMM wa mad an th boon of
tk asapaay ar wit that a stood tha tap.
dividual ehajxe aad h stated that ka
had btststad Hut tk start. f tUM
Bhsald ba aad aaaJnat tha Ratsrtoa on
compear exUrety heeanae tk Hoaslea
ta taatjaaw aa? th kaflta taa dl.
tnleaal ef th ajitt nd that Mr. Pat Ci-
ne waa I kauraeit him te er.
Ipremoter wttk kMa at te evrporalMin
a pruvapallf Interested aa 1 mltrnmr-
kteod It M the Vtipuetou (Ml eoannanr-sl
y rata waa takln the Interest at the
Heuaiaa Oil emBany to that matter ka
kialetad tbat Ike Kirby Lamb aaf
shauhl etaad half the toe. sjvL ta sanareV
ao with Mr. Clixun testate he
aareed that Ik char a auid b
a halt ssainat eark aerriioa '
t -Way did be ay It should be charged
aaaiaat th u asaipaaay I vt. p fire
Ika reaaaaf
A I aakad Mm hew thai was.
Ik timber eertlfVatea. at I a
ef th iloaeto (ill amapaay that wars
affctd by Ibis wait were the aterket
r to a pal on th axrkM and they
war tk aecarttlas I be rrecld rather
I baa any af thoa af the Kirby Lumber
opipany.
Q -I'M he aut wky k wanted ta auit
dinmiaaed. who rt wuUl ben(u. aad why
h wauiw th astt dismiaail U k del
ear?
A.-ta I doa't think they ashed klm
Ike quest Ion why be waatad thea die
mlaaad aalta and 1 tblab I a paetty
clear about thls-Mr. hlrlr did say b
rvsjarded the cults aa a aotd-us a htm;
ba dHn't think they kad any Juet aaa
f acta acalathim.
Q -IH4 y ask kla before th Brand
jury whether be bad attanieya her that
r area aaad kla la tkla sort or aot. r do
A-te. air.
. Q.-tai what be aid about that.
A Me aid that Meaars lloas A Kok-
rtaoa represeated rum as at tor aay a her
-de you aataa at Ik Uaw ka wM keler
th araad Jury?
.-. at tit ttaa Dm nti-truet seat
aa dlamleaed.
ATea air k aald Rogf ft Rokertab
vera hi attonMya.
Hoa Kobertaoa af AksUkT
A-Tea. str.
O Ay atlxr altarnvyt ba ajmka of aa
rrorasebtlaa klmf
ATea air; be apoka af Mr. Kara I
aa aot aura Mr. Martin what her he
Bseda aay msdtm of tk baa Aatoata
titvrasya. Deaman. Fran alia dt MrOvwa.
would a" t y they war aiwtlaatd at
any ttaa they aUrkt bars a. .
' The Crosw-Ezambiatioa '
(The kna at tha petal wa
r to tha era aad Cklaaal Ta
Kal baara tha mam akaalastiiia fka;J
O.Mr. Brady I wvald Kk to har pott
jwst an what Mr. Kirby told before lb
araad Jvy-all af N.
A Tbs satrr aoarereariea? -
O-Taa air.
V-WalL I amauda t aadartah to Hv
It aJL Mr. Baa 1 think 1 aaa (tea a
feed deal af K.
Q.-W.0 waat U all J.
A WaU aa atarted atat tk! w Mr.
BaUl Oentlaaen af tha araad Jury; I
hob around aw and I doa't see soy
familiar face neept old Oeptola Walah.
was need ta ba ta the kslslatur with Baa
aad a aald ha wlabeef the .prtrtlrg ef
tuakma k ataUmant aboojt kla earear and
waaUna to tell about kis personal kla-
tsry.
af wrack I bajl aot kndertaka to
at all ke aid bacauas I caa t do K.
1 M't aay enouah attantloa to kla aer-
caal aletory to lepaat lc I kut ke sakt
aumethlna a boat ketac a deputy absriff
at one time and about Medyuut law and
tbat ka did aot pretaad to be auck of a
Uwyerj and then be had drifted tat
finance and bad baea ucoaasful as k
haancier-eis dkia't aay It wltk anbseoav
laa vanity er aaytklng of tkat aort. After
he bad gotten tkrsush. h said ka waat-
ad to atat tkeee thlsg tor th reaaoa
tkay were atraarra t blm. aad ha want-
ed aaetktoaj of sis Ufa aomethlng of hla
aareer to be before them a they would
understand what kind of a aaaa they
er deallnf with Wbaa they look us a
arte aaucr at that klad. Now that laf
a substantial and I think a pretty fall
statement of that Butter. Thea be went
oa ta Hats hi coaaectioa with tha Kirby
Lumber company bow ke had organic
K and ao forth; than wast oa to tu
about tk Kirby Lumbar company auit;
that past about th Una he waa getting
hla carporatlcna la food a hap aad eeUb-
liehtae? thea oa a lira baak than suits
re me along and he rranrdrd them as a
hold-up; didn't tkink ke bad violated aay
of ta anU-truet law at Tu. I be-
ll ve he aid be had eon suited th attor-
ney ar.ra! la nferenoa to th propssl-
Uoa before him- - a.
bo t you remember tbat ha niT
A Well I aa telltaa ywa 1 remember
It-
a Well voet
aid ywa believed.
rW.IL It I wasn't atatlns m
fcraaca 1 woulda't be atbl to believe- I
ay I believe Mr. Kirby staled-mnoa you
wtak to put It that way t am pretty poal-
tlr. aa aald ha bad aoosultsd th attor-
hey general about It and that the attor-
ney asaeral had passed on the matter.
Q -Aad the goverror-dld be ay aay.
fnaii
Worthtun Introduced.
A. I aa aot aura of that My rooL
lectioa JB b nwntlaord th attorney nan-eraV-h
attaht har mentioned th gov-
ernor. Than a want oa and said for
that reeaoa ha dida't think H waa k prop-
er suit: M waa not rioatlna any treat
law-aad. of course t aa aot eiprraauig
ny of aay oplnloa along th way be
the wait on. and then he took up thla
matter of Worthsm coming to hla and
telling him that he wanted to help him
cut lc the Suit; that W. tkat Wortham
told kta ha wanted to and that my reol-
lectioa la ha atated that Mr. Wortham
told blm he had been a friend of hi and
anything he could do he would be glad to
do amethlna Ilk that' and ke told klm
k would help him all he could that he
had helped hla bafor in the other case-
air. Martin-Helped him before ta th
ether caa; what do you mean by that!
A Tha first oaa that was pending be-
fore the bank ronrnJadof course
you understand the ar all Mr. Klrby a
stalemanu about what Mr. Wortham said
is him and. w?ll that Wortham told him
tha things. Then 1 believe that he aug-
E eated to nun that Mr. Glover I believe
e sufsated to him I am not aur about
that; I wouldn't be poeltlve about wheth-
er Wortham sagsaud to hla that
Glover waa a friend of Mr. Moors' ha
was a friend of his. too. and would be
5 lad to halo him get ths ease off In-
ure the district attorney to dlsmla
them. Of eoura ha waa con tan dins they
aould be dlsmlaed "straight" at this
time. Ho was riant an that pmpoeltlon;
be wanted to Indue hint to understand
that thar was not any violation of tua
BnU-trust statute and. among other
things thst he had (vral ether pertlM
at work. Mr. Henry King k friend of
his; King was to get up some affidavits
to furnish Moore snd that Olover cams
down there to Houatoa and mm
with Mr. Va-idervoort and he claimed
thst Vandervoort and Olover were both
there together and came to his bona
and Olover told him ba was a friend of
Bill Wortham's and wanted to help him
out In the anti-trust suit and he thanked
hla and told him ha would be glad to
have him do anything' he could do and
-went on to explain to blm it wasn't any
violation of th antl-truat law now I am
Svlng you my bat recollection. I want
Btata thM to you and I atate It frank-
ly: It may bs that hearing ao much at
this ess from different oonvenatlons oc-
curring either with Jar. Kirby or alleged
coBve ration that I nay drop Into th
huiguags of somebody ela. If so. It Is
not Intentional. I propoas to give th
BuhaUna of It aa I understand It I
know that Mr. Kirby did make thst aub-
atantlal claim that this I what Olover
aid .when he cam out there snd he
told him and iuggaied about helping'
him out with thea affidavits that he
could Indue Mr. Moor and Mr. MoFall
to aee that there was not any merit In
th caa and If they could Indue
than to as that that ha wanted th east
diamisad: It was hampering hla finan-
cial affair. I don't undertake now to
aay whether that I all that occurred
with Olevar ar not but I am trying to
glra you the mthstano of his claim and
contention before th arand jury that
Mr. King had furnlahwf an affidavit to
Mr Moor. Wall I have sons over thla
to much that 1 can recall the data pret-
ty olarly. On th Kth day of March. If
I am not mlatakvn. Mr Kirby 1 gvs us
the affi'lavit and I had It up there In
the grand Jury room; It may bs In th
grand Jury box yet. Ton know Mr.
King said h could not And th affidavit
he had sworn to and I believe that I
where it Is probably in th (rand Jury
box I am not aur whether ha atated
anybody elea apoka to Mr. Moon about
It or not or waa te speak to Mr Moor
about It He oonUnded that Mr Moon
was more or lea at laf led not attatled
either but weakening on tha pass kis
oonfldeao in thd aaa McFali aaemed
ta Ina let thar was a strong case that
waa ar aviroy-e contention mi a long 1
think. Me dida't claim te have hem hen
at th tlm the bum war dlsmlaaed
ar ins asses watt oil raiser
od('a rullna I doa't thins
anr elatm to have baaa kern
tha under th
na a aaa
ar Bnowa
anything ahsot it. At that tlma I aa
at wual VksLkaf 1 had lap. al tha tola
rwni f. lllover end vi'i"' m I am
it - at. har I .! '4 t -in ta
kti". Kiiliy lUwt meeting Mr- WwiUiara
a N. Turk and Mr. Worthaat had
said thia to him I thlna ther wre alti 10
Vws eating hinrh st atmi hotel wr rt-e
ln ir.it In New Tortl rtir-k eeld that
Vortiam laid him. "Well Kirt.r" or
Whatever he ailed kwk. John ar llenryi
ke naked Wufthata he be rot tiat
anner. be ke did t br'.il oe tia
OU eubjert aad that aid weu-r e he
tlevuslit It Waa aume moat lie et'erwetd
I noerstHd bun to ay eHne titee arter
the suit went off Wortham iJ4 him; "I
lapsed bilo the vault. I went Int.) H.
I went to a metal friend af aur and he
told ah to step Into the vault and kelp
ayalf aad I weat la aad t IlLaut and
went and took and paid M'-Fali Nn
that la what a ay Wortbaa In Id kla
la New York a a dleruka that
matter ap ther la Mew fork atty.
- U. Tkat I your raeerteello ar It? '
' A. Tee air that ta ay reoollectlcei af
H. I the asked Mr. Klrny kow Itiet
had aaythlag la a WHk paying the draft
aeraun (he draft aa I nlervtud K
Lad Wen paid tha day after the suit
kad beea dlamlaeed j
exit only nuerstond. I
VP bar at Auatw
hut 1 am clear m
my recollection that ihel statement waa
made by Mr Kliby about IheL '
Q. Now don't ye knew a. a snorter
af fart. Mr. Brady tkat what Mr- irby
ad wee ao nfreah year maavory don't
ron remember ka atated he had never
pee) tkat draft np to the time - -
A I ant reiser Inclined bell yea
are right Mr. Ball yau win reaaevnber
I dldnTt aay ha aw k at all; ka altered
k) paid aver the phone.
. O New. Mr. Kit by told th grand fury
to your preeenee Mcfak alUKui thar by
poa all th timet .
A Tea Mr. McFaJI was Mttlnf thsrs
" v. A Ietaulinf QuVatkra. "
a Dldat ha' tall yon tha friat flaa
thai k knew abeut tha was that Mr.
Wrtksa aaaa down to a kla at Hots-
taa hi ranrd ta tha) aoaey and h was
kTJkies; wttk hat akaut H aad b aaht
h would lay II bafor ki( aaoaata and
Torthsa aald to hJatt "Kirby I juat
task tk bsQ by tk horna. and thar was
a way at awttia nd a that fallow Me-FslT-aaa
aa uppaakttoat (plthet (that
a. Wonhaw) "and I took tk baa by
tha Wa aad I wast to trtead al aaa.
aataal friat wkoa toad ywa ar oa.
and told Mat i had to hay sUMt for
Joka H KJrhp aad that a akld Ad
riahtr and throw pk tha vsalt aad I
waat a tbr and aot k aad
kwaa wttk tk crkftor''
hrtoa awttJatf f . 4 -- k - 4
A. V tr. ' f- ' ' ;M '
' tj. MMklna at that aort? '
t A Ok soaetklnai af that sort yes sir;
I don't propoas te aaewer a as ail a a
that kind by ayinsj yea. ' .
ijoa aay "a taat It M not traaf
1 aay no that whole utaaent I
aot tra; to averl kaatarial respects it
la aoL
ila what rwmeeu Isn't R true?
Welt la th first place K I not tru
ta this reepect: that k aald aaythuu
about going to a autal trlsnd
myom ea" knad ke waa net
word about that aad I will atate ta
yoa Mr. BsJi. wky I recall tkat. I asked
Mr. Kirby aad alnes th matter has beea
gone lata 1 wul etnie that Mr. Kirby
waid M draw aa aiei aara from that a
to who tk party waa from that eta la-
ment; and I am pot aina to men uoa
that party anleas 1 aa esmpaued to
dolt.. ...... . j 1 .
No Objection to Sutinji. '
a-That to aU rlahL ;
' A.-Of ooursa. I kavs'ao aajaetkaa ta
ntottng. - . - ' "
-Q.-wU pat astt K aot tkaa whs to
th party that ka aald th mferaaoa. thst
badrewT ' ' "!- "
A.- would prefer pot to stow H. a.
teas yoa geatierriaa uslea th ' art
thinks It at auttefiai to tha eaaa I wa
goins; to any sypUtla arhy 1 know that
waa not ta Mr. KJrbya atateaneot tort I
will mats that and ywa aentliaaa oak
at ermine whether yoa larnTwi oa tkat ar
sma. . -- - j ' '
. g.-l araak Mka t kaaa po ttaa to
stats what yoa aid to Mr. Kirby aad
just what Nr. Kirby ! to. you. - It
oosea't make any SI f reran o who It IS-
AWall. I doat car waa It la; It aoeea'q
ask any dlfferwc to aa.
tuutit ooean t u me.
A. -Mr. Kirby aaki be
he drew th tafare
one front
meat-
o. What etatemeat?
A. The sutement of. Mr. Wortbaa to
hla that ha bad goa a -
Mr. MarUa Tb atatemerrt In New
Tork?
A Tea air; th etateDtest h aald h
md that ststsmcnt to hla la New fork.
Q.-tJldn t he aay he made it to him In
Houatoa bsfor th aktansy waa ever
paid?
A I have a recollect km at hi ever
stating thai Mr. BalL No I think th
flrat 1 have ever hard of thla was after
th Indictment was returned.
Q. Doa't you know a a matter of fact
Mr. Wortham was not to Mew fork dur-
ing ths year 1M?
X-l didn't aay he was Mr. BalL
' Q. All rtohL Oo ahead.
X I didn't say bs was. I aid Mr.
Klrbr stated f thick It was la the fall
of lkl or I stated It th itenoarapher'
notes will bear me out. that I wasn't
poeltlve what be aid but I thought waa
bt th faU of lMl-it was some time after
tha transaction. Mr. Klrhy made that
atatetneut that ha drew that Infer no
from that tatlmony ar rather that a tate-
mant of Mr. Wortham' ta him that be
wee refwruef M Mr. Rabblas the gtate
trsasurar. I uked Mr. Kirby if that I
CU h bad to bass aa in fere ace of that
Ind on and ta mention a man' nam
before th arand jury claiming he had
gotten money from ths atate treasurer
If that Is all he had to has an lnfereno
at that hlad oat Mr. Kirby aald It waa.
u. wont was it ns sua.
A. hs eaio. -vol
whatever be called
"John" or "Henry." or
a blm wa will aay he
called him "Kirby" "I will tell vou hint
how I did 1t"-that la Wortham telling
Kirby this coordlng to Klrby a narra-
tive "I weal up ta a mutual friend of
sun and hs aid: "Step Into tha vault
and help yeuralf.' and I went la tad got
fltsoo." flow tbat la tha ststenwst Mr.
Kirby mad by which he aid he thought
Wortham referred ta RobblraV Thea I
aaked him If thst waa all he had to baa
It on and he aid "Tm." Then I aaked
him If It wasn't a tact that there were a
number of bank - with vaiilie among
other the First National bank: and a
mutual friend la ther waa Mr. Vander-
vosrt; and among other mutual friend
In then were the smpioya of ths bank
or any other parties that It might hav
beeri th vault of th First National bank
and why ba draw such an lnfereno I am
trying to tul yen what occurred.
Q Of eoura you ar at liberty to do
thst sad you are a lawyer-and I will
juat tell you this now; L'nlea It la
called
What WaaAiked For.
A. I wea't volunteer.
8 Picas don't volunteer aay remark
or arguments poa may bars made bsfor
th grand Jury.
A. Mr Kirby was praant
Q. I nadferstarnV- -
Mr. ' Martin They askad for the eon.
venation they salted for everything that
Tw eat 1 ikifytevtV " ' '
Balt-I don't think I did. I aaked hla
to tell everything Mr. Kirby aid bsfor
th grand Jury. I did aot ask what any
grand Juryman sal a u mm at Mr Brady
or Mr. McFali. or anybody claa.
t
ly aaked him to tall rythlagt that I
a way I atarted out In .asking him to
II It in M own wsy
A .I aadsrstood you Mr Bail to aak
m th question If there was anything
In th general quatton if Mr. Kirby had
slated anything In which It wa not oar-
reel Q. If you bad confined ymiralf to tell.
Ing me I ahoulda't bav -mad th ob-
Snow anything about thla draft for I12.H
being drawn on hlmi that h hadn't aui
ihorised It to be drawn on hlmi that Mr
Worthem told him that he had taken the
iiull by the hornsj that ha had am down
0 hi sfflo in Houston to aee him about
t and before th draft was paid and
told htm my had taken th bullby th
bora and gon to a mutual friead yho
g" t 1 t- k I .n snd d'd h
a a e. . 1.. a fee 1.. v
name; e. 1 l.e lil a .(tea the M y u i
Bt muM he r-liui-.it-!. and if r. klu r
dutnt tnl biin he anuld tak It up It It
bed to raime out of ue owe or Im
this erf. t that he wmtid suie t 1 im
ween't the! tne euheianre ef what k
aid kefoi the drett wa ever pa to
A. I son rare.il hie ayitig ennhthg
shuut hie eomlns to ll'mus to sec hit
about thai at il Mr. iau. . .
. RIrthment ol Mairvory.
.a-Doa't eu reoall that be did ay
hefor ib graad Jury last before that
draft wa ever paid that Wortbaa told
Mat to rufeeueoe what I Jmv aakad ln-
qaired koeut and thai a ka kadijoersonl
for kha to pay It tad before ke agrwd
to pay K. Wortham told h bad gone to
auraal friend and gotten th aasoey
and dene bustness with McPaTJ aad h
would hav to a proteataa?
A -I eas t ay that ke aad any pack
etatamant as that.
Q I will refreek roar um aery agala:
Dtda't he ay thet Mr. Cslhuua was en
kis way from New York to Teiaa and
that ke would lay the aasttar before blm
In regard to the paymeaa af that aecior
ahd didn't Wortham tbea tell kla about
having taken the bull by tbs horn and
having set ten nil from a mutual frtand
nd b had t be protacted?
A.-i don't remember that Mr. ' Kirby
toad that at lament la tkat way Mr.
BalL There wea something aid by Mr.
Ktrtip abaat peytns back th money that
had bee paid for hit or Ik hla Interest.
Q -Now who paid that money did k
tdalmf 1
A-I think hs claimed that th money
had baea paid. I think by Wortham I
think by Wortham The draft ps son So-
ot a draft drawn by Wort asm he a ever
claimed as I understood It that
Wortbaa bad rvar drawn oa a draft a
bum
1 avevar alatoial . Wortbaa bad
drawa the draft.
A I leave tbea aasttar to th stooog-
rap her. 1 em pretty aure yon naked If
Wert ham drew en hint
Q. It aoeea i aak aay differ wh
drew the draft.
A I can't anawer th qniittoa srkea
ths anatloa doasa't aoeord with - th
IWot. I doa't rerar) Mr. Kirby avert
aald ar admitted that a draft wa drawa
hla until It reached Houatoa and I
believe he aald something aboat having
to pay hack th aooey that bad already
been spent to hla interest.
Q.-f course yau as4rstand am
thet trrtna to orea you but '
Ay I understand that Mr. Ball ( know
po ar try Ins to get at the facta
tj Her aee I know you have beea In
this trial in the other ess and all. and
u ar likely t confound what yoa
.beard there aad le where. -
A-yAU riant. . '
' "A Specfie Quettoa.!
' 0-Ko. what wa It ha aald abeut th
eUsut. r . will direct yaur aftoottoa
atnoa)y to What Mr. Kirby claimed
hefere tb arand jury about that tlLtov
pott aap fc Mlunised tk paysaaat of kt
fata Baaaaat saast days aftarward
that that waa to ralmbara Wortham tay
aaaiy k claimed to bar adraaead hare
tr" gvwi aver to a friend '
A-I doa't knees- Mr. BalL whether h
rbiiirad that tha flLM that be kad f
dared paid from Bailment by phone t
beuav It wa aaed to reimburse hi
friend or to reimburse Wortham. not ay
lacoUwtloa la while h was hater tb
Pad Jury ha claimed to pay tk aonap
to that . am ta make good the avmey
W W M k . . .T . . 1.
" " "ei epvni at nts imareas. now.
Whether k ataoe th caalm it kad beea
Bald upon Wortham' rvpr even tat lea that
h had paid for hla that Is a part that
I don't naaa; ay reootieetlon a 11 ks
I told yoa ta tha brginnlmf. that Mr.
New York and there
fviroy wpuae .ok ' m inp or wortaaa
tear wi
art ham told htm
about tha Blatter Thet te Ik-
it is Ut
why I asked him ths qoeation tm media te-
ryww aa awieiaa waea a pant
a NOW Mr. KreAv ae wmm ee
t
have a hasv raeolletlnn Aiwhll
tuad by-tk trisL of what happened be-
jtary art una - . r.
aoa t are. I aspr.
r a lawerer aha Mr.
at be evcoeed for VorssW
tranni uunia myaatf when yea ar
ve.n weina euea po aaaa ana
aak your queetlona aad I wU make aa
arnlanatlan af the neiMii I.--i .
e doa't ra anyLklog akowt that.
" ' Aay Harineaa bTiiJ. '
-A I will atate to ywa thar ton's aap
kaataaa at aU attsut thoa Wtara I
have tottlfl! to baaua th awttara I
paid particular attention to to Mr. Kh
ay's teat lm any ar admlattona aasinat
hla lsterest and thinaa that aould h ssed
In behalf of th Btata and that Is why
I recall thaes matter with' ae muoh
Trridnee. Bralda I thought aboat It
afterward. .v- '
Q And yoa nsvsr thoaght ther aaa
any duty Inoumbant upon th ootanty at-
torney who waa Buppoad to InvatJgato
fairly and Impartially anything a man
might ay that would be ta hi favor but
H wa I bi prima particularly upon thoa
thing yoa thought- were damaging.
A.-Ns. that la snot her matter t
dida't aaaa that at all. Mr. BalL It
oetwnda oa th .value of th matter
erged by a tot In Ma behalf tbat ba
pre aaad thing on my mind and memory.
. C But vour statement Just than waa
tne reason you remembered
then thlnae
ao plainly was that you considered them
damaging sdmlaaiena.
A.ta. sir; that they ntght used
an behalf of th Btata oa the trial of
thla oaa hew tier; and I hav sua.
a aaad grand Juror for that purpose and
ths ecurrsne I refer to which perhane
jjlhoiiid aot rfa te-a the reason I am
a. j don't ear about the sccsrrenoc.
A-I any that Is th reason I am here
ao that this testimony oould be
givea not by me but oy otnsr.
Q. And It wasn't Intentional on pear
(Continued oa Pag aeven.)
aa)
DRUQ HABITS
Easliy Pormad But Hard te Break.
A man down in eld Virginia tell of
his experlcnc whloh points a slraple sod
effacUve way out. He ays:
"About fifteen year sgc my wit
through using ooffM and laudanum tor
relief of neuralgia became addicted te
ths habits continuing until ah 'had
About deatroysd stomach nerves and
ailnd. ' This brought oa periods of de-
mentia lasting from on to two weeks
growing steadily worse natll the Id of
August last yar eur family physician
ailed In consultation another doctor who
had been Heeident Physician at our Stat
loans Asylum.
"Ther decided tha enly hop was ta
place ha In a sanitarium otkerwls ah
would ba hopelessly inane before the
year was out On Investigation we found
the charsea for suchta patient beyond
our mans so It was neotasary to face
th wont at bom.
- "Upon the advlo of a friend sha
Stepped the ua of soft of which abe
?H vary fond aad began th use of
oatum pood Coffa a a remedy for tb
oenstlpatlon which accompanied th at
tacks. Ths fault wu mora than wa as.
pec ted. It aot only relieved the teonatl- i
nation greatly but aided bet to break the '
laudanum habit for when aha found her-
keif posasad of th deelr to 'tak
aorntthlng' a cub of strong Postum wuld I
aiiay ta asair ana Boots arto rsfraa
ker.
."Thla led ta tha regular taa of Patum.
and Grape-Nuta that also aaemed to nour-
ish and .strengthen the overwrought
nerva ah (teadlly got batter and bet.
tr and today. Instead of being in th
Inaan asylum ah I atlll ith us in her
own hems aounda In nlndaad body than
for several pears past Ths attacks f
dementia have steadily grows milder and
lea frequent until new w hav every
reaaon to believe that ah Will soon be
fully ratored sound to mind and body
"I know thla has been aeoompllshed en-
tirely by th aid of Postum and Orap-
rtaie lie oul en
1 not alaea that aoesujtatlon mat
ghasshsUhen particle ot
a year ago
medicine oi
"In writing till my gratat dalr Is
to bring tb ass af pear products to th
notlo of sum ther unfortunate trem-
bling noon th prink at that most tar-
rlbl of all calami tlea. Insanity and I
thoroughly- believe and anew that saving
off coffee and other drug aad taking
good food and drink la th aatsst maan
hy which It ton tw aartid J g1e tha
nam of our family hvaioIaa alas th
8r at liberty to furnlak asm and ad-
a to any on anliy Inferenetie&airia
Bvsa hp atua La fcaiu C.eva auaa.
rAAr" -i A A Art AAAAAAAAAAA A A AAAAAAAAAA A A A A A " -V
W W 'W V V W V V hr f VV VV V w ' Vs f V" W ' W v W! V W W'
fi . ! . . r ii ii ' t j
8 : fl Modern Shoe Store ;
'.. : . ' 305 MAIM BTRCF.T -' - " '' ''"
O GIESEKE BROl ;: : : J : j 1 .; . I vT '
V . j main traxsr 1 1 1 .' -'- . ; . -aos nam araxsT v v Va
ATT. at" P
hail
ooooo66oooo
s -. . -H . li aL' 1 H
x ii.-. i"
Ceenaw arari
day and Tuesday) we will give them the opportunity of getting a
piano at the prices arid terms mentioned to them OUR NEW
STOCK NOW COMING IN-Baldwin Hamilton Kimball
Hallct & Davis and many others.
WE ARE A LITTLE HIGHER UP THE STREET BUT
ALWAYS LOWEST IN THE PRICE
ijjl
PHONE U77.
TRUNKS AT FACTORY COST
Tlit'i mi big iimm yoiftrtb boylng frost it. - inofliar b ftat oar Trunks km tin itmgth tkat
rasltti feari uaji ttn aptiadl. stay lot licktoni fiiat krla toti lack wfcoli frooa i karl trip.
Oaovaa 6ovsrf3 atoal - - - y.
. trtmmlnaa ............ $350
TaW teak leather
n9 - S4.00
Cksraa eovered araaa -' .' 'v
trlmmlnfa ...........i (4.00
Lautag" Oraaa : trunka eanraa
aaawMd adgea hound wit raw
fcUt fiber llaes lined. - i
priea ................. f 8.50
CENTRAL TRUNK FACTORY V . !;
riUDOStON Q UAAO. Troprtetoiw. t
ajSPCTasBBeswawaBjBjnmB
'
oftvzttJ wctiPi Mcyif r eirwrcvf. . ;: '.;;-;-; ; x
00XXOCXXO0J
ENDS 17ITII 47
TATE wish- to thank
v so liberally patronized
the Big Sale and seeured the
very best Pianos at such low
prices and easy terms. We al-
so congratulate them and will '
-i say to ; those who have called
and could not buy. and have
requested us to prolong the
sale that for two days (Mon
' ' ' jl'
0 0. 0
' 6tf
T-.C fifinmy..!
r Pat.4 O .
jvuu.top
rf.e. ele. '
0
S3.00 V J ' ;
r
O
GICSCKE BROS. S
Modern Shoe Store o
J H-ffli MAUI -TaUCST. .V '. -'
PIMIOS SOLD
the people who' have
aa ae lw
7J9 MAIN ST.
Canr coverad braae trliBr
mlngi. Tela lock leather
'"7 85.00
tdullaa1 Draaa Trrinka . eanvaa
covered. atael . bound adxaa:
brass bumperg and "-v1-'. .
cUmpt iprioa ......... f7.50j
but Mtortnitlnt ot' Leather
Ooodt la moat complete
Suit Caaaa from 0o ua
Hand Baaa from 7So aa
r LADIES'. WRIIT AOS 'Z
Nethlna but tha beat and newtet
MAIN MASONIC TEMPL
rt
1
Upcoming Pages
Here’s what’s next.
Search Inside
This issue can be searched. Note: Results may vary based on the legibility of text within the document.
Tools / Downloads
Get a copy of this page or view the extracted text.
Citing and Sharing
Basic information for referencing this web page. We also provide extended guidance on usage rights, references, copying or embedding.
Reference the current page of this Newspaper.
The Houston Post. (Houston, Tex.), Vol. 21, No. 32, Ed. 1 Sunday, April 16, 1905, newspaper, April 16, 1905; Houston, Texas. (https://texashistory.unt.edu/ark:/67531/metapth603132/m1/6/: accessed July 17, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; .