The Columbian. [volume] (Bloomsburg, Pa.) 1866-1910, 1880-05-14
THE MURDER TRIAL.
COMMONWEALTH
as.
EDWARD CURLEY.
Indicted for the killing of John
Cunning at Centralia on
July 26th, 1876.
The first witness called was J A McNai
who WAS sworn and testified AZ fnllnws.

IsTdHinea Oy 1Hr Hughes-AbOut two
O'Clock on the 26th Of July, 1876, was on
the porch of liquor store with John Peiffer;
looked towards the street and saw Gum ing
coming down, he came into the store alone;
he had pail with leaves and huckleberries
in it, leaves at bottom and berries on top in
about Is or 20 minutes he started up the
street; went to Mrs Gains, didn't stop more
| than a minute or so; he crossed over the
street and said 81 am going in here" He
went straight in and walked to the rear end
of the store. Curley kept kind of store
and drinking house. Saw his wife talk with
him little and she went back out of sight,
she came back soon with pitcher she
poured something into a glass and Cunning
raised the glass as though he was drinking;
shortly after that she came out from beh ind
the bar and crossed to the north side of the
room; Cunning followed after her and they
stood and talk ed little while, looked down
the street and saw Curley in front of Fort
ner's tin store He walked straight up the
street and went into his place, and down to
where Cunning and his wife were talking;
he swore and grabbed the pail from her and
hit Cunning over the heac; then he crowded
Cunning towards the front door, kicked at
him; at the door he struck at Cunning with
a stick, and | thought he hit him, then he
kicked the pail out and it rolled into the
|
and held him back; Cunning squared him
self on the walk and put up his fists as though
he would fight
He said, "Come out of that Curley. D-n
your soul can whip you Curley came to
dor and Mrs. Curley caught hold of Curley
and tried to hold him. He got loose from
her and jumped off the walk toward Gum.
ing, picked up stone, threw it, it hit on the
walk in front of Mrs. Gains. He threw
another stone and came near hitting Mrs
G unniDg. Then Maggie Cunning, daughter
of John Cunning threw stone and hit
Curley in the forehead. He staggered aud
, blrd bad. He soon sta rted to pick up an
other stone but Mrs. Curley took him in the
house. Mrs. q and Maggie took Cunning
0 home About 10 or 10 minutes after that
Curley came out holding cloth to his head
and went down the street to drug store
5 That was the last | saw OF Curley until I
saw him here in court. After Curley came
in saw Cunning put his hand up to defend
0 himself from Curley. Did not see him strike
0 at Curley. He was backing towards the
outer door. Curley kept striki ng at him to
, put him out of the house. Cunning was
lust going through the front door the last
3 time Curley struck him. When Cunning
came into my store after being put oLt by
Cnley felt the back of his head there was
0 a lump there about the size of an egg. Gun
o ming asked me to feel the lump. From the
. time that Curley put Cunning out until
Cunning came into my store it was about an
8 hour or an hour and half. After that
saw crowd of men carving man up the
5 street. They carried him into Cummings.
1t was about an hour from the time saw
Maggie Canning hit Curley with stone until
10 | saw the man carried to Cummings. Just af-
N ter saw the crowd bring the man up the
0 street, saw a man at the side door of Cur
ley's house. H went back around the cor.
y ner of the house. | resided in Centralia af-
o ter that until May, 1877. Curley's house
y was on the opposite side of the street from
5 my store, about 100 feet distant. Cunning
, was somewhat intoxicated when he came
" into my store after Curley had put him out
% / don't think Curley was drunk when | saw
n him. When he asked me to treat him he
0 was not excited. He afterwards became ex-
!, cited in talking about Cunning Cunning
Il was about 60 years old The stick Curley
(, had when he said he would smash Cunning S
$ head was about / inch in diameter and
I about feet long.
Cross-eramined by Mr., BHckaie,O = Curley
10 carried cane that day. Sometimes
10 he carried cane and sometimes he didn't.
1t was a strai ght cane a. near as | can re-
% member. Didn't examine it particularly.
10 My business since 1877 is farm work and
teaming. Live now in Illinois In 1877
was agent for A. w. Creamer in liquor
store at Centralia retail store. | was alone
in the store and on the stoop John Peiffer
and Anthony Keller were with me. My
store was exactly opposite Curley's house,
When Curley was in my store afterwards,
John Peiffer and Anthony Keller were pres
ent. ! have not seen John Peitier here. |
am told he lives in Kansas. He was at the
store all the afternoon. Have not seen An
thony Keller here. Understand he lives in
Centralis. 1t was about 10 or 20 minutes
after when Cunning went into Curley's
10 house during the quarrel. Didn't see
them at the door of Curley's house, nor on
the pavement. Mag lived with her father
at the time unmarried. From Curley's to
the drug store it was 400 or 500 feet.
saw CurIey go into the drug store. 1t was
about th.ee.quarters of an hour after that
that saw a man carried into Cummings.
was subpensed last S Saturday morning in
Cherry Valley, Illinois.
Adjourned until 2 p. m.
George McIhenny saoorn-I live in Cen
trala Lived there in July 1876. l seen
70 fuss, and somebody said it was Margare
Cunning and Curley. ] was at Peffer''
corner, a square and half away. They
seemed to be throwing at each other and
seen him going towards his own house
W aud then | went down to the post Office
about a square off, stood there about Is o
20 minutes and seen him coming from hi
house over towards the drug store. Befor,
he came over Cunning came over one sid
of the street and Curey on the other. Tn
old man was sitting where the masons wer
at work at the culvert. Curley went int
the drug store. He had blood on his head
II nj Of ha att nd N
75 the street aud crossed over and came dow
the other tide TO Fortner's house, came owe
towards the drug store and stopped and &c
a stone, went towards where Cunning wa
sitting, struck him in the head and the oil
man fell over senseless. There was stone
and clay in the street. When he lifted tn
stone he went on the pile where the old ma
was sitting and then threw the stone. ii
was pretty near Cunning when he thre
IL the stone. The stone would weigh two
three pounds. He appeared to throw tn
~ stone with full force. went over to whel
2s he was lying. Some men carried him HON
% | was about 20 or 30 yards away when Gu
JIM ley struck him. | was near by when the
40 carried him away. Cummings house vi
/. % about haif square away. He did not spes
] "a after he was struck that | heard of. Curl,
! 2 went towards his own house right ava
~ The next time | saw him was last Februa
in the court room at the ha6eas corpus hes
ing. His family continued 10 live in Ce
tralia ever since. Cunning was over so yea
old when he was killed. After Curley pic
ed the stone up he went a few steps towar
Cunning. He threw the stone as soon
he got near Cunning and then walked ava
4 IS From the time that saw the fuss in t
NY, street until he struck Cunning / jud
nn1 spi it was a half hour or over. Can't say he
long it was from the time that Curley we
ors i,lo suo ulus s;o.e un'I' ne ho 'siueA puunll
nty vert where The l. asons we're working. h
tors head was above the top OF the pile. Curl
So so could have seen Cunning when he came
g Of of the drug store. Culyert crossed Locr
iced Avenue. Cunning was ON the side aear
..e... Enrirer,s with his hack tnMards Cnrley