The Columbian. [volume] (Bloomsburg, Pa.) 1866-1910, 1880-05-14
CONTINUED FROM FIRST PAGE.

on the other side OF the street to Fortner's
house, then went over and struck Cunning
turned my head away and did not see the
blow, but heard the sound Of it. sup
pose 1t was about half an hour between the
quarrel and the blow.
Joseph Benson sworn-Was at the drug
store when Cunning was struck. His testi-
mony was the same as the last witness.
Cross -erdmined-I was Is years old In Ju.
ly 1876. Cunning was facing nearly north.
Curley went a little out of his course to give
the blow. He picked the stone up sudden
ly. He walked away after he threw the
stone. He threw 1t with one hand. 1t was
one of the most public places in the whole
town.
Martin Bremen sporn-Was at my board
ing house, second lot above the drug store.
Saw a disturbance In the street between Cur
leys and Cummings. Saw Curley strike Gun
ming in the head Testimony was the same
as that Of previous witnesses on this point
Gross erqmined -Curley turned off the pave.
men, little btfore he came exactly opposite
the Fortner house he wasn't any further up
the street than Wedersauls
Iutrick Mcdonald sDorn was the con.
tractor for building the culvert Was at my
work and saw old Cunning going into Cur
leys Saw part Of the quarrel. After which
Cunning came and sat down. Was down in
the culvert and knew no more until | heard
the old man was hit.
Cross-eramined-W were laying a wall in
the cuvert. When Cunning came there
had little talk With him he said be was
able enough for Curley any day.
John Beers s,rorn-Was working for Nc
Donald at the culvert that day. Saw no fuss
but heard it, After that | saw old Cunning
come aud sit down and said Mag had give
it to him. Then they talked and / didn't un-
derstand what they said they were talking
about ten minutes or quarter os an hour or
so, and heard noise as if somebody had
received q blow Seen Curley, walking down
and old Cunning laying on his back. When
Curley stepped away he said There" or
something like that We carried Cunning
home ; he didn't speak. he moaned it was
about half an hour from the time that
heard the fuss until Curley walked away from
the culvert.
Cross examined When Cunning was struck
he fell on his back by the side of the cuvert;
he was sitting or feet from the edge when
he was struck looking to the north there
was more than dozen there already when
got out. helped carry him home.
Re-direcf-l was putting in the arch, and
was on top of the work.
William Goodman sporn-Was in Centra.
liza on Goth July, 1876, putting up back
kitchen for Curley heard that Curley had
killed old Cunning. | went back to my
work bench in the back lot, and after few
minutes Curley came in at the rear of lot aud
passed by me. | said to him my God,
what did you do ?" He didut answer but
went on to the kitchen door and said some-
tling to his wife She walked to the main
part of the building and came back and
handed him something, which he put in his
right pants pocket, turned and walked past
me again into the alley and down towards
the Dark Corner. | saw him again a month
or six weeks after in his own house. His
wife asked me whether wanted to see him, i,
! said yes, she said if | went in the gsrret
could see him. went up and saw him, talk
ed about my pay for putting up the back
kitchen he said should be paid don't re.
member that he said who would pay me
finished the building. Next time | saw him
was when be gave himself up. When he
went out through the lot he had no vest or
coat on.
Cross-eramined-I was examined as a wit
ness at the habeas corpus hearing. Don t
recollect thst l was asked anything about
what was the matter at that time. Might
however said that they told me that Curley had
hit Cunning with stone. Did not say there
that never saw Curley until / saw him at the
Red tavern. | said then that l saw him once
before that, at his own house, and. nobody ask
ed me anything about it.
George McIlheRney recalled on cross-erdn-
ination Il testified At the habeas corpus hear
ing think said then that the stone might
be heavier than two or three pounds.
COMMONWEALTH CLOSES.
SATURDAY MORNING, 81 O'CLOCK.
Hon. c. r. Buckalew opened the case for
the defense. He said that the evidence
would be short, and that they would submit to
the jury evidence to show that the crime was
ly while in passion, and suffering from the
wound on his head. The counse for the
prisoner do not ask for an acqulttal but that
the verdict may be for lower grade than that
charged in the indictment. The testimony
will show that the defendant delivered him
self up, for trial. After the blow was struck
the defendant left home for fear of being
q. lynched, when he heard the serious character
Of the wound. He is here by his own act to
submit to the law Evidence will be sub
mitted to contradict the commonwealth tes-
timony that Cunning was constantly uncon.
scious. number of witnesses will be call
ed to show that he spoke on several occasions
and said that his injury was caused by his
own fault
George Jones s,oorn-Saw the quarrel. Saw
Ed. kick the bucket. 1t was about noon
think. Cant remember whether he had a
stick.
Cross-eramined By Mr.. Hughes-Saw some
huckleberries on the floor. Heard loud talk
ing but can't say who it was. Don't recollect
anything that was said l was not drinking
that day Might have had two glasses of ale.
1heophiies Epdas sleorn-I was in Mr..
Curiey's house in the room back of the store
room with Curley and Mr.. Jones on 26 July.
1876. Jones Curley and self took about
glasses of beer. We heard some noise in the
store room. | went out and saw Cunning and
Curley and there was some talking don t
know what about. Curley ordered Cunning
out of his house. He and Cunning went out
l knew Cunning. i did not see Curley hay.
ing any stick.
Cross-eramined-I don't know what time
OF day It was that We went out of this house.
| know had my dinner some time before.
Ale makes me drunk. saw bucket stand
ing Tn counter when / went in. / don't re-
member whether Curley was in his house
when we went in, or whether he came in at
ter.
Annie Ktfer suorn-I lived next door to
Curley in 1876. i went into his house pref
~ often. / saw huckleberries on the pave
ments. The first / saw was Mr.. Cunning Is
wife and daughter standing in the road call
ing Curley names. They used violent Ian
guage, | did not see Curley, saw Maggie
throw the stone some time afterwards. | was
standing in my door. l came to the door
the second time. did not see Curley throw
stones. | saw blood, was scared and went
back into the house. I did not see Curley
make any movement with his hands toward
his hip, never heard him say anything. I'm
mediately after / saw Curey in his house
washing blood off his face. His face looked
bloody. His mother-in-lsw helped him
wash his head. Ibid not see Weidensaul
painting at Burke's. was at Curley's about
two minutes. Mrs. Curley was not in at that
time.
Gross erdmiasd-Mrs. Cunning and Mag
gle called Curley robber, murderer and
don't know what This was before the
stones were thrown. Didn't see the tin buck
et Didn't see Mrs. Curley at any time
NlL.., 1 n. L - :