Evening star. [volume] (Washington, D.C.) 1854-1972, 1872-11-14
On TRIAL FOR HIS LIFE
The Green Spring Homicide.
TRIAL OF Er-Poifeeman O'Rrt.n ON In.
charge OF .NnrdsrtnS Samuel
fHaafR CHAM.

hsh' on tue loth OF August last at Green Spri1g
above Georgetown closed, the testimony for I ne
government was continued a. follows:
ChT'S' On Bect, swOIn:-Witness was within
Two feet OF O'Brien when he fired. All OBJ rien
said was lyon = ola"
Norman Trdrer corroborsted 1t. Essex's testi-
mony as to the conversation, and testified tn
subsequently he was standing near the pavilion
when he saw O'BTien come mp and fire twice.
tn cross eNsminatiOn witness said he was talk
ing to Parkhurst at the time O'Brien passed,
did not hear p. ask OBJ. to take drink.
Henry T. Carson was called, but failing -
answer, Mr. Harrington said the government
would close.
THE DEFENCE.
a. y. Williams, for the defence, said that on
the evidence already submitted the government
could not insist upon any verdict greater than
manslaughter; but the evidence for the defence
would show that it was case of self defence.
That evidence would show that O'Bren was
told that Cunningham meant to assault him
and was prepared for him. He was advised to
avoid him, and in endeavOring 70 do so he did
not fake the usual road, but went ont behind
the bar; and there, while irving TO avoid Cum
EiHgbam, he saw Cunningha talking loudly 10
an excited crowd, and proclaimng that his
(OBrien'>l wife was a -. He apprO lch ed
him; saw Cunningham place his hand as If to
Draw weapon. Seeing this, he dIew his pistol
and fired with fatal result. The defence would
cOntC-d that the firing was in lf-defence: but
at the most II could be nothing more than man
slaughter.
WITNESSES FOR DEFENSE.
: fsntoH fGTi0a testified that he heard o Brien
and CUnningham's wife in convers alton on the
night of the homicide. They seemed very angry
bur witness could not hear what thew said Nett
time he saw O'Brien Cunningham was talking
loudly TO him. Cunningham said O'Brien's
vile was only common woman; that Joe and
Flney Fletcher had stayed with her at his house
A difficulty then took place, after which Lieut.
ESsex took away the badge and baton of
O'Brien. Afterwards Cunningham told witness
that he would have satisfaction, and said he
would kill O'Brien before he left the grounds
Witness soon after this met O'Bren and told
him OF Cunningham's threat. O'Brien then
went out with witness, and at tne pavilion they
saw cunningham. who, soon as O'Brien APP
preached, aid. "There stands the now"
and put his hand to his side as if to draw a
weapon. O'Brien then fred.
Cross examined:-Witness boards at Thecker's
hotel; Is clerk; makes a living by writing; has
not done much work; health has not been good;
on the night of the homicide was engaged in
carrying out beer, but business was dull and he
talked 10 various parties on the ground.
James Beriin.-Witness was on the PAVILION
Mrs. Cunningham asked witness to 90 out and
asked Mr. Cunningham to come in, she was
AFRAID he would getinto some difficulty, and she
wanted him TO go home. He found Cunning
ham after the first difficulty with O'Brien and
urged him to 20 along with his wife. Cunning
ham said he would have satisfaction Witness
urged him to 20 home, and Cunningham went
In to his wife. Shortly after they came out
and Cunningham said O'Brien's wife was a.
just then O'Brien came along, and said to Cum
ibid You say my wife was -?'
cunningham said eyes," and drew back and put
his hand OH his side, and O'Brien fired twice.
Cunningham failing at the first fire. There was
shots.
Henry Nicholson and Isaac BranseI testified
that Mrs. CUnningham's reputation for truth
LenlHeI L. CT msnts. Grafton Hrreer and Jane,
Payne testified to the good character OF the ac-
cused.
Mr.. Harrington said they would not deny the
good Character OF the accused.
Third Day.
ms morning the trial was resumed and as on
yesterday there was a very large crowd of spec-
.atoTs present. The prisoner seemed unite
,feeTiul. There was some delay occasioned on
account OF the witnesses from Georgetown being
ate in getting ont, having "to foot it, on &C.
count Of the suspension OF horse car travel.
Mrs. AmetG ESSer was called for the defence
saw - Brien and Mrs. Cunningham between
ana O'Clock at Green Spring, on the day OF the
homicide; they appeared friendly. Between
and saw MIR. and Mrs. Cunningham sitting on
he east end OF the pavilion. O'Brien left them
ana ali were apparently on good terms. About
an hOur and half afterwards Cunningham
came TO her husband lit. Essex and said that
y 'Brlen was in1ulting some ladies. Ten or If
teen minutes after O'Brien came to the house
very much excited, almost purple with rage
Laura L. RESPONSIBILITIES was present with
Mrs. Essex; saw the three-O'Brien, Cunning
nam ana wlfe-sitting in the pavilion, and Cum
Did not see O'Brien afterwards on that evening
cross eXamined:-Witness was in the pavilion
when the shooting took place; did not see it, but
heard the shots; heard no quarreling or loud
words; saw Cunningham when he was brought
IN.
The defence here closed.
REBUTTING EVIDENCE
The government called Mrs. Richard Brett.
" no testified to the good character Of Mrs. Cum
niI CHAM for truth.
Joseph EkrmaRtrOut, sworn: - Witness WAS
present at the picnic; did not see FentOn Paxton
present Mrs. Cunningham's character tor
ruth il good.
VIM. Cro'Cn, sworn:-MIs Cunningham was q
ruthfnl woman. Believed that She wa a
.l'' VI woman because be never caught her in
lie.
I-s.Eie Custer testified to the good character of
Yrs Cunningham for truth.
FentOn Paxton recalled.-Had not been drink
ng that night.
Hnry Warren was recalled, to prove that
'sXtob was pretty drunk.
The defence objected.
mT. Harrington said his object was to show
les, so that the jury could determine whether |
&c could have observed the circumstances as
detailed,
The court sast aimed the objection.
Mr.. HARRINGTON SAID
hat he would claim a verdict of murder; that /
he commencement OF the difficulty was with /
he defendant; that had the shot been fred /
Vhen the first difficulty occurred, the verdict
night be one OF manslaughter. IL was apparent |
o him that the prisoner, O'Brien, went deliber-
tely to the pavilion for the pose of shooting
cunningham, and lie did so. III there had been
renewal OF the quarrel at the pavilion il mi ht
&c case OF manslaughter, but there had not /
,een.
Mr.. FRANCIS MILLER, P0R THE DEFENCE,
tied the conversation between Mr.. O'Brien
nd Mrs. Cunningham, and contended that the /
an guage used by Cunningham against O'Brien's |
vile was sufficient cause for knocking down any
nan. There was no evidence that O'Brien |
truck Cunningham, and after the struggle /
lieutenant Essex comes up and takes o 'Brien's |
,adge and baton from him, which, after con.
ldering the disgrace, naturally threw him into
state of intense excitement. There Ts, one |
'reat question TO be Considered: aether O'Br;en
lad not sufficient cause to believe that his own
ne was IN danger after being informed OF the |
leclaretlons OF Cunningham. The deed was an |
g Ehich, OF course, should not have been com
e,ted, but an act which any man was justified |
n committing in protecting the character of his |
lear and beloved wife. He argued that a verdict |
u murder was entirely out OF the question, and |
hat the act was justifiable.
Mr.. Riddle then delivered an able argument
or the defence, urging the jury to consider the
excitement under which the accused was labor.
ng at the time of tee shooting, and closed with
an eloquent peroestiOn, describing the good
CHARACTER OF the prisoner. the situation of his
family, and the provocation under which he
committed the act which had brought him
before TINS oar as a criminal.
He was followed by Mr.. Harrington for the
prosecution, who was speaking when our report
closed.
or