Daily Iowa State Democrat. [volume] (Davenport, Iowa) 1856-1859, 1858-06-29

INV 49," ahkth US
the third degree, Of which the punish
mcnt Is from two 70 four year. in State
Prison nj for manslaughtcr in the
fourth degree, the pcnalty being State
Prison for two years; or County Jail
one year or less or "A tine not exceed
ing one thousand dollars, or both such
fine and imprisonment and four were
for unconditional acquittal.
Il may ~ rccollccted that the no
micIdc for which Cunningham was
,rici took place il a saloon, No. -
lIoward street, On the goth OF March
last. Both he and his victim were
spost,ap and lighting men. Psudeen
Was abusive, threatened TO whip Gun
uipeham, seized and ~cndcavored to
pull him over the bar. But as the
evidence shows no threat or mcnance
against Cunningham's life, it is mol
easy to understand how four jurors
could regard it rs a Ease of jnstifiabie
homicide, The worst that Cunning
ham proictsed 70 fear, and the worst
that hi4 assailant threatened, was " a
| licking" either on the spot u the neXt
,lay. Yet the four juror have c%oncIu-
dci, undor Tie responsibility OF their
oaths, that Cunningham Killed rauicen
in the necessary defence Of his own life
or to follow the words Of the statute,
III resisting An attempt to murder
him.
The City Judge OF New York has
| been indicted by the Grand Jury for
assault and battery with intent to incitc
u riot. This is rather a curious spec
taclc for q civilized community. The
mere fact OF his indictment is of coursc
not conclusive Of his guilt,-but ii is
not particularly crcditab!e that a Judic-
nj officer should give occasion ever for
such a complaint. The case WAS to
have been heard on Saturday.
The trial of Sarah L!ttlcs for the
| murder OF her husband, Charles w.
Llttlcs, in connection with her brother
Ira Stout, who already has been con
| victcd, commenced at Rochester on
Monday, and u Jury was i%mpanncled
on Tuesday.
This case Is IN many respects re-
markablc. Littlcs the murdered ma
had been married 70 the pr sioner some
two years, They lived unhappily to-
geihcr, and soon separated. He was a
lawyer, young, shii,loss and disipated,
That he gave his vito constant csuae
for jealousy aud cumity Us sufficiently
evident, while on her pat there WAS
ANYTHING but innocence and correct
conduct. She lived a. her mothers
whore he was III the habit Of calling,
though unwclcome. Bvcn under
these circumstances their co~habltat,on
was not altogether broken up
Among the inmates OF that household
was Ira, the brother Of Mrs. Litties, n
Young man who had already served a
term in "A State Prison. There wa
evidence going to show an intimacy
between HIM and the PRISONER, which
law and dcccncy alike forbid between
a brother and sister.
Matters were in this condition be-
tween the Stout family and Littlcs.
when on the morning OF Sunday, the
10Th OF December last, the body OF
, Llttics was found IN the shallow water
| ot the Gcncscc River, in the north
part Of the city Of Rochester, with
fractured skull and other marks of vio-
lencc, the murder heving been COM
United the evening before, Upon the
summit of the bank which at that
point is very steep, and about n
hundred and fifty feet high, were
marks of a desperate struggle. Pools
Of blood were found on the GRASS
Upon the dcclivity there were frag-
ments of female apparel, showing that
n woman was engaged in the tragedy.
| Suspicion was at once attracted to the
Stouts, and upon proceeding to their
house, the police found that Ira and
| Mrs. Littlcs had been compelled during
the night to call in the aid of a sur
geon by reason Of bruises and broken
bones. They indeed. protested to &C
count for these Injuries by saying that
they fell, while running together over
a plank sidewalk when returning from
a walk down town. On their trial.
not only the culprits, but their mother
and other members 0! the family,
manifested remarkable self possession
and reserve. But upon the trial Of
Ira some weeks ago, the homicide was
virtually confessed. Later adviecs
state the conviction of the prisoner Of
m~anslaughtor in the second degree.
\ wealthy widow lady, who moves
in the first class OF the fashionable So
| cicty Of Chicago, aud IS considered as
authority in all matters OF toa, WAS te-
tectel on Friday at the Try goods
store of w. 2. Ross u Co, on Lake
street, carrying off goods which lid
not belong to her, in plain Saxon, steal
ING. 1t scems that she has long been
a customer of the lirm, and kept a rum
ning account with them.-Shc was
considered q good paying customer,
and the innocent clerks always waited
upon her with much a%Iscrity and conr-
tcsy. Within a month or SO goods
have disappeared very mysteriousiy.
At one time, a handsome silk pattern
took to itself wings and no corrcspon-
ding value was fouul upon the cash
book or in the money drawer.
Finally, from certain actiona Of this
woman, she WAS suspected of being the