Eaton Democrat. [volume] (Eaton, Ohio) 1843-1856, 1855-01-11
THE MARTHA WASHINGTON CASE.
Statement of Captain Cummings.
APPEAL TO THE PUBLIC.

APPEAL TO THE PUBLIC.
Mr.. EDITOR Having just returned from
Helena, Ark, ] was presented upon my arTi-
val, with W of your dailieS, that of the 4Lh
and (to-day's) the 9Th, in which remarks are
INDUCED in by one of your writer's, calculated
to give the community a very harsh, and, as |
think, an unfair opinion Of myself and those
associated with me in the "Alartha Washing
ton Case"
You will excuse me, if, in q hurried COM
municatlon, | omit specific dates, as my
purpose is now 10 place before the people,
the TRUTH, in opposition to the one.sided
correspondent of a st. Louis newspaper,
who has been largely quoted by the Gin
cinnati Press.
| was first tried for murder. The prosecu.
ton failed to make out a case, not being able
TO prove the death Of their principal illness,
Henry Cupp, and a "nolle prosecute was EN-.
tered as TO the charge Of murder, and the
jury discharged. | was then ordered into Gus
touy for ARSON; | then admitted the death of
Cupp, and his testimony taken in the Examin-
ing Court last spring; a 'venire'' was ordered,
another jury empanneled, The testimony heard
upon both sides, and the result was an homo
rable acquittal.
In your paper of the 4th, you say:
can Arkansas gentleman states that i! was
we'll understood about town, when the trial
closed, that an attempt would be made 10
kill Burton, Bruen, and one of the principal
witnesses, and a gang If deSperadoeS would
have accomplished this triple murder, but
for the opportune arrival of the steamer Mi
das, which took Burton and his allies on
board"
To this charge, quoted flom an Arkansas
gentleman(?, | pronounce the whole of ii
false, in every essential particular. This is
ne S 10 me, although | can truly say that the
people of Helena, indignant at Burton, charg.
ing Judge Adams with being bribed, had gone
so Tar among themselves as TO consult the pro-
pretty of requesting Burton and bis party to
leave town; but my trial ending on Saturday
evening, Burton and his party left early The next
morning for a wharf boat, lying a mile or more
below Town, and there remained for neatly
two days, until q steamer passed and brought
them up the river.
So far as the charge contained in the state
ment of the ''ArkansaS Gentleman" is con-
cerned, | again pronounce it a malicious
and willful falsehood, perpetra,ed, evidently,
by some one of Burton's tools, for the pur.
pose of impreSSing the community with the
but had gathered friends about Helena 10 as
Sassinate him.
Again, you say, upon like authority:
''Anticipations of future prosecutions have
led 10 an offer Of FIVE hundred dollars 10 a sin
gle one Of Button's witnesses, if lie would
leave the country"
This is also among the newthingS that have
been disclosed since | arrived in Cincinnati
This, | also pronounce another willlul false
hood, for certainly all could be induced TO
pay 10 Burton or his hire liDgs, would be shil-
ling each 10 buy a HALTER. For myself, IS to
any future trial, | am willing 10 risk my liber-
~, as | have my character and life, in this one
just passed.
In this connection, | will say, that I have
seen, 10 in one oftbe Cincinnati paper, q COM
munication stating that Cspt.Alber; Pike, who
was retained by Burton, and subsequently DIS
charged for the reason that he went bail for
Earle, had volunteered for the defendants, and
had made a speech Of great length on the sub
ject OF jurisdiction.
This is also entirely false. Captain Pike
was present during a portion of the trial,
having business at court, but he did not
teuder his "Serrices," nor was he employed
by me, or any Of the "Martha Washington
party.
The question of Jurisdiction was argued
before Judge Adams, last spring, by my coun.
sci, Captain Pike for the State,) and The
question was decided by Judge Adams, after
the nolle prosequi was entered in my case, al
this tenn.
As TO the testimony of Cheney, one of Bur
toms witnesses. he swore and acknowledged
IN his cross examination, that he had sworn
and subscribed 10 two affidavitS in Cincinnati,
and before U. S. Commissioner Wilcox, all Of
which were false in toto; and upon it being
left 10 the Jury, whether his testimony was
worthy Of their credence, they unhesitatingly
threw 1t one side, upon the Judge charging
them thus: al further charge you, that il
any witness is shown, either by his oath oil
by any other evidence, once to have Sworn
falsely in a cause, his testimony shall not be
allowed"
And now, gentlemen, with kind word Ia
you for your courtesy, permit me 10 make this
single statement. | have now for nearly three
49, ONNh NSlhiNSh ~ CNCIg OppOltuHiby VI
pursuing my avocations. In that time, Incl
dents have occurred calculated TO impress the
people with The idea that, "for my associa-
tons was unworthy the respect of the good.'
Let this be as it may, | am content 10 suffer
without complaint, my hope is, however, that
alter the scrutiny Of two empanneled %juIies, ]
can once more be permitted 10 pursue my way
IN peace, conscious that if | have suffered by
a bad business connection, | can rely upon
The good judgment Of my fellow citizens fol
the assurance, that | have shrunk from no re-
SponSibility in which circumstances have in
yolved me, but thus lar | have pursued the
honorable course of an innocent man, and re-
lying upon my innocence, and the justice oil
my peers, have come once more among them,
feeling that am not wholly unworthy their
sympathy and regard.
Yours respectfully,
J. N. CUMMINGS.
Cincinnati, Jan. 8, 1855.