Evening star. [volume] (Washington, D.C.) 1854-1972, 1873-02-22
ceBRIEN. rME Condemns NAN.
ReRQHf NJ Lus10e ElSheR a fhA lA9A


President Grant had granted . respite until
March 18th TO Ex-Pcliceman O'Brien, who was
convicted Of the murder last summer OF Samuel
II. Cunningham, at Green Spring, near George
the ?. tn inst. The application 70 the Presiden mt
for a Communication Of the death sentence was re-
ferred to the Attorney General, and by him to
Fisher, and the following is his report on tie
case:
OFFICE U. s. ATTORNEY,
sfr; your letter Of the 18th instant, Covering pa
Tor as q ss ds e. Sns1Iss
has been received. have delayed answering until
you, Brens counsel stated tia, he would for.ars
You osher papers on the 18th 10Th inst. saw Mr.
soon 9. they should be received
oT es ma se s ,ss
being near at band, do not deem proper to delay
IL issrpe, a. SET forth in his petition that oBrien
at an early age enlisted in the ssmy raised for the
thtoashout the war brave and faithful SOLDIER and
i.ns time he suffered the infamous horrors Il the
An,derscnyiIie prism pen. am also infermed and
ham he had borne the reputation Il . good paiiee
But that the killing of Cunninsh.n was a DELHI
lheI emurdcr have not the least doubt whatever
need not relate the facts testified 20 at the trial az
ton. furnished YOU by the prisoners Counsel, on
pages = and of the printed pamphlet; and may
for o ,Brien as truth would allow
. I'm TeyieIine the evidence, came to the conclu
hsmicidesthst have been committed in the District
sine have held the ONCE Of prosecuting attorney
in that Brien set o s to se
duce tae wife Of Cunningham under the pretext of
mi-siaaer Of p,c buiidings; that being reSuYsS IN
this sstemgt BY Mrs: g, he insulted her with the
poor and helpless woman sought the protection of
her hastaed who in turn, made complaint to Lieut..
70 Tor L. n.utSs CONDUCT owsrds 1sen
c., xhereupon O'Brien fell upon Cunningham,
him With Ne baton upon the head and Knocked him
down posotiees this was done in AZ of passion,
merely for the that although passion was pre-
the ae from areT to mansisUsSter II is Msi
sussaned P1ssip,s cd as our .ystem Of jurispru
must concur to reduce che killing from murder to
manslaughter; and equally well settled Is the doc
Il Is said by the counsel for the prisoner that he
but the law forbids the taking of human life upon
pssi s1r PROVOKED %esf,y by insulting words Is
insulting language given By the deceased in Te
turn Tor an insult equally OF even more singing
heaped rpon the deceased by the slayer If it were
IN the 'nsn, :; have reoted upon
upon him II was certainlv more N,ans thar m Pssed
shouid pass the original insult In truth there was
S Az III sso e Ss1e
was no occasion given by Cunninghams complaint
A. an oeer Of the law Il Was his duty to haSe non,
the accusation made against him in the amer pre-
Board before Which he wond hsVe Saa fair hoaes
impartial trial Shall ii be understood, by prece-
!tiRa attempt the seduction OF and then insult the
honest wife If an humble but respectable cifiren.
superior and In his presence answer the comUlsint
telling the complainant to the earth with his Of
pose my protest here and now because il would be as
If we should 10 the injured husband kill your
Iengesnce q his baton and pistol, Il you make law
Thus far have treated the case as tn ugh death
had ensued from the first attack made by the prisoner
Judgement have been case Of murder. II was EVEN
; more aggrev ated murder, however, when we come
had inflicted this terrible blow upon Cunningham
ae thai s ssSe
~as used although it staied at ths trial. the
lBrien having been arrested and stripped 81 I his
oflcal insignia and ordered to 60 home BY his supe
ifty yards distant from the pas iIiion, where
ae sought out his wife and then lef. the hotel
say home, when 6Brien having had some fifteen n or
ample even if Els passion had SefoT s Sssn
'Neusably aroused, rushed upon Cunningham, re-
o shot HIM S hea ans h% w h.
e TRACKS, and then fired another shot him after
ha, Sries was apparently cool when he left to go
o the hotei j ough, also here to state what was
the testified at the tra mat
,iter the shooting he asked Brien what he hi
ugps thar without first having 'f peen S i'm
r his Wife Or both OBien had had ape em
eance for that :a-ult but not thought O'Brien.
al M frKn hot frfsp
4 his yictms head and the other at his dead body~
.ould appease his spirit Of revenge; and then as if
hot the = ola 80" confess that unless he had |
or long time laid in wait for his victim il il DIM
omintted with malice prepense than the we are
I Sr, sG = p tsiil z, r.. .o,n.., g.,
onmunicaiiOn 10 the President, I'VE denv that h
, Brien made any advance or charges to or against
cunningham and her relatives.
ght Of all the surroundings Of the case. The evil
am were friends before this meeting al Green
Irings; that they and Mrs: CUNNINGHAM there had
DING 10 get a situation for Cunningham upon tn
eser,or, on The hill. By the testimony Of the de.
ss not only friendly, but very friendly as long a.
hey SAL TALKING toss,her in the pavilion, aud until
etween e,Brien and Mrs Cunningham on uv an
ear from her statement, which is said 70 have been
u u Ia. i
.,, ,,., ~As going TO get situation for Gun.
noSa ina aud =, do nor A"nbt 9r moment or if
nv we suppose that the parties, according to the
estimony for the defense were rery friendly until
parting the pavilion, what motive could have
rompfed Mrs. Cunning CHAM or her husband to trump |
p this accusation People are not pgo9e 70 break
-iendship suddenly without cause and hero none
as shown except as related by Mrs. Cunningham. ]
nd IL is difficult TO conceive Of any other than that
he iniuif she relates would naturally produce just
recisey the result which occurred the relation Of
D her husband and his going Brien with his wife
ask for explanation, and failing this complaint ]
,as n.sde 10 Oficer Essex. The deceased was M,
ct shown Is Ss qasfrsYsom$ Or telgerenf man "r
be wife to be a mischief making woman. Cunning
least, and doubtless only such insult that |
ivcn TO his wife by O'Brien could have prompted |
i'm 10 go to such man "a OBrien, third larger |
han himself, to ask an explanation. Tbedefsnce did
ot dare to sttack the character Of Mrs. Cunningham
truthful witness and the assumption that all this
fTk1ped il altogef her gratuitous and is entirely
estitute of evidence TO sustain il.
Stress is sought TO BE- laid too, upon the testimony
fone witness for the defence that he heard the de-
eased say b. gOiRx o"kiH hs - 0a-,
meaning 'Brien) bsf0Te Ne Ltt the gTovad thar
rehiag, and that witness informed o Brien Of this
hreat. this witness seems 70 have been the only
here assembled and does not tell what O'Brien said
n reply might with more reason, say this was all
rumPed up, hut i do not i am willing TO admit |
hat the witness swore to the best OF his knowledge
md belief But admitting il to have been true be-
ond all question, il plainly, and for this very
eason, imperatively the duty 81 Brien, peace
lffcer as II was, to have given hasty obedience to