Evening star. [volume] (Washington, D.C.) 1854-1972, 1873-03-26
The Case OF O'BrIen. the Murderer Of
Cunning ham.

The Case Of O.BrJen. the Murderer Of
Cunning ham.
REPORT OF JUDGE FTsREB TO THE ATTORNEY
GENERAL ON THE APPLICATION FOR COM
The application 10 the President for a com
mutation of the death sentence of Charles
ham was referred 10 the Attorney General and
by him to the L. S. Attorney for this District,
Judge Fisher, and the following is his report
on the case:
OFFICE Q. s. ATTORNEY,
WAsfINsroN, February 2lst, ls7sS
Hon. Geo ~. Williams, Attorney General, re-:
sir--YeuT letter of the 18th instant, covering pa
leIs in the case of the application Of Charles II.
has been received. IIave delayed answering until
to-day for the reason that, in his communication 10
You other papers the 18th or 20th inst saw Mr..
Frenh the pardon clerk on the 10Th ard requested
soon as they should be received
Not nsSi as ben furnished with them and the day
being near at hand do not deem it proper delay
my report longer.
1t true, set forth in his petition, that Brien
at an ear y age enlisted in the army raised for the
snpprt ssen of the rebellion, and proved himself
j have also been informed and believe that for
long time he suffered the infamous horrors of the
believe that up the time Of the killing Of Cunning
ham he had borne the reputation Of a good Police
But that the killing of Cunningham was DELHI
need not relate the facts testified to AT the trial as
they all appear in the statement and bill of excep
pages /, 2 and of the printed pamphlet and may
observe that the facts are therein stated favorable
In reviewing the evidence, / came to the conclu-
sion that this one Of the worst Of the series If
since have held the Office of prosecuting attorney
From the evidence in the case: think am war
duce the wife Of Cunningham under the pretext Of
obtaining for the latter position under the commits
this attempt by Mrs. c., he insulted her with tn.
most opprcbrious epithet As very natural, this
her husband who yin turn, made complaint to Lieut..
ESSEX The lieutenant very properly called Q 'Bren
@. Thereupon o.Brien fell upon Cunningham, and
IN t, presence Of his superior officer Essex struck
down; Doubles, this was done in a 1T Of passion,
but death had Fesulted from this blow il womb
merely for the reason that although passion pres
f Is We
susane principle, old as cur system of jurispru.
must concur to reduce the killing from murder +.
laughter and equally well settled is the doc.
gre, o1s, viii Constitute scisnt proyoea hS%
Il y said by the counsel for the prisoner that ho
But The law ofbds the taxing Of human life ma m
fTs Sy s paso MGp1 E
10y insulting language given by the deceased in
heap,d upon the deceased by the slayer II Il we're
UWr1ny in Cnnningham to have retorted upon
upon him, it was certainly more wrong that Briea
should pass the original insult. In truth, there was
to strike the blow he did h budsson no bn there
wasno occasion given by Cunnin ehsm's complaint
As officer of the law il was his duty to have met
the accusation made against him in the manner pre-
E.1arl, before which he would have had a fair and
impartial trial Shall it be- understood, 10y a prece
dent TO be set in this that police officer may ad
t'Hnl, attempt the seduction of and then Insult the
hoae't wife OF an humble but pectabe ctiz,n,
superior, and in his presence answer the complaint
/ mil haOt tot ,,t.-
pose my protest here and because it would be
ssmr w nsn fey to a hp T hpieand k
you t. stand trial by jnry for killing him than to
make lawful com plant against him. '''
Thus far ! have treated the case as though death
upon the deceased and repeat, that il would in my
JudgIaent have been case OF murder. II was even
to follow It's tragicaI conclusion
Pursuing the evidence we find that after OBrien
with his official baton, and by the by the evidence
as printed does not disclose the fact that the baton
was used although IT was so stated at the TRAIL the
latter retired to the pavilion after his recovery aud
O,Brien having been arrested and stripped Of his
TOr officer, went the Green Springs Hotel about
nifty Yards distant from the pavilion, where he
ningham having joined his wife in the meantime
lssying the pa Pavilion on his way home when
OF eoeiIng time which; in my Judgment, was ample,
h %Pon has se
band and without any sufficient provocation, shot
tracks, and then fired another Shot al him after he
had fallen to the ground; Indeed Essex swears
to the hotel. L ought also here 70 state what WAS
omitted in the printed evidence, that of the Wit
after after the shooting he asked 0BrIen what he had
suppose that even, if without first having Seen in.
suited by O'BTien., Cunningham bad insulted hun
geance for that insult but not so thought GBrien.
Nothing short of two shots from his rsvoiyeroe at
= hn nf thar. 10. 4 HI
would appease his spirit Of revenge and them a. if
further to evince his malice, he eyclaims: Il have
for long time laid in wait for his -. Victim limit is 81 M
malice ea' OF Nj
But it said BY the counsel for the prisoner in his
. Brien made any advance OF charges to o against
ti~upsd np by the mesniS@ s aao sns Nv, T.s
Cunningham and her relatives.
Let for a moment look at this denial, and we
discover how absurd it is when viewed in the light
q all the surroundings Of the case. The evidence
that they and Mrs. Cunningham there had friendly
to get a situation for Cunningham upon the res,
s on the hill BY the testimony Of the de-
was not only friendly, but friendly as long as
ns & What tns and na
between O'Bren and Mrs. Cunningham only APP
m NoW Is Tneh bs a to S
ningbam. ana L do not doubt IL Tor moment. or if
only we suppose that the parties, according to the
testimony for the defense, friendly until
the parting at the paw ilion what motive could have
prompted Mrs. Cunningham or H. T husband to trump
up this accusatiOny People ere not prone to break
friendship so suddenly without cause and here none
was shown except rs related by Mrs. Cunningham.
and u il difficult Co conceive Of any other than IL IT.
The insult She relates would naturally produce itst
precisely the result W hch occurred, the relation u
IL to her husband, ard his going Bren with his
wife to ask for explanations and failing in this com
plant made to Officer Essex The eceasetl was
not shown to lie quarresone beliigerent man,
or the wife to be Notwithstanding woman Gun
ninsham was slender; feeble man, of ordinary
AVAILABILITY at least and doubtless only such an in
suit as that given to his wife by OBren could have
prompted him to go to such man As U 'Brien third
larger than himself, to ask OK PLANTATION. Tn de-
fence did not dare to attack the character of Mrs
Cunningham truthful witness, and the assui.np-
ton that all this Is fynnped Is altogether gratuit
Gus, and entirely destitute of evidence
stress 10 sought to be laid, too, pom the testimony
OF one witness for the defence that he heard the de-
ceased say he was gotHg 10 "kiH the - fa-
tmeaniBg O'Brienl before he left the ground fhat
trentHg, and that witnes informed Brien of this
threat As this witness seems to have been the only
one who heard Of this threat of all the large crowd
there assembled and does not tell what rien said
In reply might, with more reason say this "a, ali
trumped up, but do not. am willing to admit
that he witness to the best of his kuowIags
and belief. But admitting il to have been true be-
yoDd all question: it was plainly and for tLi, very
A q frxZ tka1 g N nj.