Daily national Republican. (Washington City [D.C.]) 1870-1872, 1872-11-14

Frederick A. west, rhos r. johnson, Patrick
CLARK, Israel DCmlng, Samuel T. Wall, Moses
Peter y Bacon, Langdon W. WorthingtOn,
samuel f. Douglass
The Indictment was then read to tho Jury, and
the usual Instructions given nv tho clerk.
OPENING FOR rHR PROSECUTION.
The case was now called for trial, and MIR.
Harrington made the opening statement:
MIR. Harrington, after describing the offence
Of which the defendant stood charged, stated
succiuctly the circumstances Of tho case as pub.
| llshed At the time Of the hnrniclde In this Jour.
nal. He said that while O'Brien was on duty
at picnic at Green Springs, In GeUrgotOwn, In
| August last, where he met Mrs Cunningh ham,
wife Of the deceased he told her he had gotten,
| or was about 10 got, an office for her husband
| from Gen. BabcOek and added that she ought
| TO show her gratitude by granting him iay6rs.
| She Indignantly LEFT him, and meeting her hus
| band told him how O'Brlsn had insulted her.
| Cunningham then sOnght O'Bren, and lie.
manded why he had lnsulted Mrs. Cunnlngh ham.
| O'Brien replied that "she was a Whore;" where.
| upon Cunni ngham said, "Sout wife IL a whore,
too" at which O'Brion knocked Cunningham
| down with his billy and kicked him. Lieut.. Is.
/ sex then took away O'Brlen's billy and put hlm
under arrest. Soon after O'Brien, holding a
pistol at his side, approached Cunningham, who
| was talking to Mrs C., aud fired over her shout.
der. The ball penetrated tho head Of Cunning
ham, and he fell; and after be fell o. Brlen shot
again at him. Of this wound Cunningham died,
while coming away o. Brien said, IAN the harm
die" On these facts he should ask for a verdict
/ Of murder. Mr.. " then quoted the law on the
subject Of homicide and defined Its various
Mr.. Riddle said the defence would reserve Its
| opening.
/ The prosecution called the following:
| Dr. HartIgan testified a. to tho cause Of tn q
death, which he stated TO be a pistol shot enter.
Mr. Riddle, for the defence said It was not de.
MED that the shots Of tho defendant caused the
/ death Of Cunningham,
Mr.. Harrington. Then I will examine no
| further witnesses on that subject.
THR WIPE or THE DECEAsED
| Mrs Cunningham testified that she went to
| Green Springs with her husband, leaving their
| children at home. Her husband, while there,
.pld her that Charley q B re-, vas going 70 get
was very glad Mr.. O'Brien was going 10 get
him situation on the reservoir at the water.
works" O'Brlen came up, and after some oun.
yersation my husband lett, aud then asked
| o Brien how his family was, He said, my
baby Ia not we'll; II IL very sick this summer. "
Then D Brlon said 10 me: MARY, want to sec
you alone about the business Onthe hill the reser
/ said very we'll, for l did not know what he
| meant. The man said: "ltlAys 10 your choice for
hun to get the situation" and said, " Charley,
what do you mean" He said " need not put on
any d-n airs, that he knew that Nicholson had
had privileges with me, and that he could II he
choose said, Il will tell my hush tnj;" and
he replied, "You may tell HIN, and uso my
name told my husband, and no went 10 see
O'Brien and asked him about II. O'Brlen said
Il can prove that | have been alone In the house
when we lived In one room" O'Brien said yes,
and Cunningham answered, a. You did not eK.
pect that should ind you At my room and my
wife away, did yOus" Mr.. Cunningham said
my wife IL as good as yours O'Brlen said
NO, she is not" Mr. Cunningham said, Yes
she Is, many a man could say tho same about
your wife Rsyou have said about mlne;" O'Brlen
said "Name One;" Cunningham replied, " Ask
EAl ElptRhoT " Then husband
and / asked O'Brlen why he spoke so, and said
Charley, recollect ! am lady" He answered,
Hell Is full Of such d-n ladies as you are" got
up and lett him soon after; ! saw my husband
and he told me o. Bhen hat knocked him down,
| did not want any difficulty, and | said, "I.et
US 20 home" Just then | saw O'Brien coming
up; he said, where Is the man who called my
vito a whore" He advanced as II TO strike
Cunningham. l said, "Oharley, Sam did not
call her that lot him alone" Then | saw
q Brien shoot my husband; | saw him TALL; l
The cTOss-eNamlnatiOn mainly related 10 the
situation OF the bar, tho Ice cream saloon and
tiOn might have occurred The residue Of the
crUss-examinntiOn was directed 10 re.detail OF
the conversation between O'Brien and the wit
ness previous to the homicide.
Mr. Riddle asked the witness why she had
felt insultsd NJ o. Brlen's first talk. She An.
sWCTed that OBrien had asked her to 500 him
alone, and ITO Mr.. Rhide) you know what that
means.
Mr.. Riddle. have hal no experience In that
line. You are ahead Of me.
Mr. Harrington said such an examination was
Improper, and demanded that the court should
Mr. Riddle said that no know how to oxamlue
witnesses, and how 10 treat lady.
The Court Gcntlomsn, let that stop.
George H. BTadt. Tho witness testified that
Green Springs are In this District. Witness on
the night Of the homicide saw Cunningham 10
cunyersallun with Lieutenant Essex, aud heard
Cuunln CHAN say, That man has lnsulted nv
villa " Wttu0HH than heard "A talk bptWRnn -
parties. O'Brlen SAID 81 can prove your wife
TO be d-n whore" Cunningham sGld, your
wife is another" scuttis onsued, aud both
fell O'BTien said TO the spectators, "0entle-
men, want you to certify to this" Witnt Is
soon after heard the shots that O'Brien nred at
Cunningham,
sex took away o. Brien's baton aud badge. There
heard but one shot. fherS were about twenty
minutes between the frst scufiie and the iring
Lieut. Essex: Witness testified that at Green
Springs, on the night OF tho 10th VI July last,
at lew minutes past eleven O'Clock, Cunning.
ham called witness and said OBrien had In.
suited his wife. Witness called O'Brien, and
asked him about It. O'Brlen denied It, and Ap-
preaching Cunningham, who stood near, said:
'lf you say insulted your wife, you are a
liar" A word or two passed that witness did
not hear. when witness heard O'Brien say: II
can prove your wife Is q whore" Witness then
caught hold Of OBrien, turned HIN around
and said: Charley, you must not use such Ian.
guage. You must behave yourself" Gun
ninRham said! "Ohnrley II my wlfo Is whore
your wife IL who're, too" OBrien then struck
At Cunningham, aud witness took away his
badge and baton, AMI then told O'Brien his wife
was ready TO 20 away, and he LEFT. saying, Ger
talnly, Lieutenant" and went over toward
where his vile was, Some fifteen minutes after
witness heard the report Of 4 pistol
The croSSexAminitlon was but recapItula-
ton Of the testimony In chief II Is the custom
Of officers on duty to carry pistols. pistol
Shown small Smith WossOn.) Witness ldentl.
he'd the UlHlOl a 4 thu lad kyU nll
man. II had two barrels DISCHARGED. Not in
the order Of rotation, however The rest OI the
barrels were loaded.
Ohicer Nalkman: Witness attention was at
| ttacted by the hring Of the pistol, but did not
see the shots; went up Immediately aud arrested
O,Brien and took from him the pistol, handed
Afterwards to Lieut.. Essex.
Lieut.. Essex, trocalled out Of order y The
character Of o. Brien for peace and order Is good
witness never saw him angry except on this
occasion Had heard Vi his getting lntO dim.
Jas, dauEhsn: Witness WIS present at the
homicide at Green springs, Witness was stand
| Log at Mrs ErementrOuts stand, aud detailed
| the iaets which occurred In the presence OF
Lieut. Essex, precisely rs II was narrated In the
| evidence OF that Otfoer. Alter that, witness
| helped TO get Cunningham clean Of some blood
which he got on him 10 tho nrst iracas with
O'Bren. Witness then went with Cunning.
ham " his vile and tried to get him 10 20 home
| cunningham said 10 witness that o. Bren's wife
was Whorei always was ed On who're, and
| was 90 yet. At this point o Brien came up,
| anu as witness supposed, heard the words, and
| hrsi. Witness then described the shooting.
Mr. Harrington said hat the statement Of this
witness was radically different from that made
| under oath before the cOrOner's Jury, and 10 =
statement made under oath al the office OF tho
| District attorney yesterday. He wished to ask
tho witness some questions relative 10 that,
| AN EPISODE.
| Ar' Riddle objected 10 this method Of the Gov.
| eminent lmpeaching Its own witnesses. lie had
heard VI witnesses being sworn In tho DlItr let
| attorneys othce, but lie knew VI no law tor such
| preceding. lie was not willing that witnesses
be luVeiEled Into an ONCE, and entFapped by
| having declarations male there used against
them When they did not give proper testimony
Mr.. Harrington, (interruptlng) There was
u" lhNelgllnK, and no effort to entTap, and the
| counsel knows II Is untrue. Even gray. Haired
man must not assert Il. will not allow such
| assertions to he made.
John ii. PaTkhursG Witness was At OFoen
| Springs on the niEbt Of the homicide. O'BFien
passed witness going to the pavilion, shortly
after witness heard shot, end then another
| Went down toward the spot and assisted Ia
carry Cunningham to the pavilion
CtOst-oNanined: Witness spoke TO O'Rrlen as
he passed.
Counsel. Said Good evening""
witness. No, said, Charley, take drink -
! and he made no answer, but went In.
Henry Warren, (cOlOredD Witness was waiter
at Green Springs At the time VI the homicide,
Was standing ut tho door VI the supper .rOOm.
Saw O'irion come In to his supper. Mp. En-,
nbnIfuut said " We are waiting your supper