Evening star. [volume] (Washington, D.C.) 1854-1972, 1873-03-19
LARGEST Circulation in the District
The Communication Business.

The reported communication of the sentence Of
O'BIien, the murderer of Samuel II. Cunning
ham, excites . good deal Of comment to-day,
mainly condemnatory. The remark Is quite
freely made that hanging In Washington is re-
served for poor devils who have no influential
friends. Despite the plesdings of able and in
genious counsel, and the efforts of distinguished
citizens, reinforced by powerful church in
fuence, il cannot be denied that the act for
which O'BTien was justly condemned TO die
was, in the language of Judge Olin i'm delivering
the decision Of the court adverse TO a new trial ,
''the atrocious murder"
Judge Fisher, L s.. District Attorney, in his re-
FORT upon the case for the Attorney General upon
the application for commu tation states that in
viewing the evidence he came to the conclusion
that this was of theworst of the series of hon.
CELESTIAL have been committed i'm this District
since have held the Office of prosecuting attor-
ney." The evidence in the case was to the effect
that O'Brien set out to seduce the wife of Cum
bingham, under the pretext of obtaining for the
latter POSITION under the Commissioner of
Public Buildings; that being rebuffed in this
attempt by Mrs. Cunningham, he insulted her
with the most Opprobri0us epithet. The insult
ed wife sought the protection OF her husband,
who in turn made complaint to Lieut.. Essex,
OBrien's superior officer on the police force.
The lieutenant called O'Brien to account for
his insulting conduct towards Mrs. Cunning
ham; thereupon o'Brien fell upon Cunning
nam, knocking him down with his baton. Some
twenty minutes after, Cunningham, having re-
covered somewhat from the blow, was leaving
Green Spring with his wife for home when
C'Brien again rushed upon Cunningham, re-
yoiver in hand, and shot him through the head
killing him on the spot. and then fired another
shot at him after he had fallen to the ground.
Cunningham, it should be added, was a slender,
feeble man, while O'Brien is of large and pow
erful build.
Ii will be seen that the case i'm some respects
resembles that of the Foster hook murder,
in New York, though distinguished by more
atIOcity than that. The same class of influence
legal, religious and social, was brought to bear
upon Gov. Dix to induce him to commute the
sentence of Foster as has been concentrated
here in behalf of O'Brien. Gov. Dix, in refus-
ing to yield to the powerful efforts made to save
Foster, remarked as follows:
ssI am asked, in disregard of the evidence and
the judgment of the highest judicial tribunal in
the state on the law, to set aside the penalty
awarded to the mOst atTecOus OF crimes. 1t
seems to me that the inevitable effect of such a
proceeding on my part, under the circumstances
OF this case, would he to impair the force of ju-
diclsl decisions and to break down the barriers
which the law has set up for the protection of.
human life. To this act of social disorganiza-
ton cannot lend the executive authority con-
hued 20 me by the people of the state. deem
II que 20 the good order Of society to that, SO
far a depends on me. the supremacy OF the law
will be infiexibly maintained, and that every
man who strikes a murderous blow at the life of
his fellOw-man must be made to feel that his
own Is in certain peril. Ii we cannot BY
hTmnesS of purpose attain this end we NAV soon
be forced TO acknowledge the disheartenng
truth that there Is nothing so cheap or SO ILL
protected a. human life"
IL seems to US that there is not a woru in the
convincing answer by Gov. Dix to the appli-
Giants Tor a Communication in the case of Foster,
that could not with equal force have been re-
turned to the applicants for the Communication of
O'BTien's sentence.