Fort Worth daily gazette. (Fort Worth, Tex.) 1882-1891, 1884-04-24
STATE vs.. CUNNINGHAM.
Tho Testimony All in and tho Arguments
Commenced.

| commenced.
| A small crowd was in the distric,
court room yesterday morning ,when
judge Abbott opened court and pro
ceeded with the testimony In the Gun
nipgham case. w. l.. Holt was re-
called to the stand and asked a few
questions by counsel for both sides.
MRS. J. w. FLEMING,
the wife of Maj. Fleming, was then
called. She testified as follows: "The
wound which caused my husbands
death was over the left eye. We lived
then on East Weatherford street. MIR.
Fleming was gardening. Mr.. Gun
ningham had q well southwest of our
house. My husband rented the sur
plus water and used it up to the LIST OF
September"
The answers to great number of
questions put to this witness by the
city attorney were declared inadmissi-
bic, AZ she could only testify through
knowledge derived from her husband.
MR. WELLS.
~ know M. Cunningham and
knew Mr.. Fleming. know that Mr..
Cunningham had a well on the oppo.
site side of the street from Mr.. Elem
ing's house. About month previous
to the difficulty was this tank. Mr..
Cunningham was in the slaughter
house close by. Mr.. Fleming was there
complaining of water being turned off.
Fleli ing said he had given SIS for the
use of water TO irrigate his garden but
il was turned Off at night. He said
Cunningham was robbing him by
cutting Cff the water. They quarreled
and Cunningham called him id
liar, ''and id avaricious scoundrel.o
Cross-examined "NIr. Fleming
was present when / got there,
There was Dutchman there, also;
he came up to where several
negroes were standing. Cunningham
said the water was turned In his fish
pond every Sunday morning. When
Fleming got off Cnnningham's land
he still said he had been robbed. Mr..
Fleming bad small pocket knife in
his hand at the time the conversation
occurred. The blade was about as
long AS my finger. My impression is
that Cunningham had something in
slaughter-house but | am not GER
tain.o
MR.. VAUGHN.
~ know Cunningham and knew
Fleming. / saw both men on the day
Fleming was killed. | saw Cunning
ham pull his knife while sitting by me
on the corner of Main street and the
square. Fleming pulled his knife and
whetted it on n wagon tire.
said there might
be shooting here presently.
saw Cunningham later at Gribble's
saloon. He was drinking. He said
Fleming and Mr.. Burnett had been
following him all day, and he would
shoot them both. Cunningham said
they had had difficulty the previous
evening. Cunningham had been sit
5ing by me only short time on the
corner at the square before he pulled
mis- knife. MIR. Fleming pulled his
knife, but said nothing. Cunning
ham had cursed both Fleming and
Burnett several times.n
Cross-Examined : Maj. Fleming
looked like he was full of whisky.
His face WAS red"
This witness created some merri.
ment 10y telling Counsel Henry Fur.
man he had taken witness in a saloon
aud treated him to get witness to tell
all he knew about the case, aud denied
telling counsel that Fleming looked
mad as the devil when he drew his
knife.
Redirect: cunningham told me
that Fleming and he had had difficult
ty the evening before near the slaugh-
ter-houae; that Fleming had drawn n
knife on him, aud that he had reached
over the fence and knocked the d
old s. of b. down with COW
foot"
G. G. CUNNINGHAM,
a son of the defendant. was introduced
by defense: II was with my father
that evening. Father and | were in
the wagon going home. We passed
Mr.. Fleming about half block from
where the killing occurred. We over
tolk Mr.. Holt and Mr.. Ferguson, and
father asked Mr.. Ferguson to get in
and ride. He did so, and we drove
around the corner of Harding street.
AS we turned the corner we saw
Fleming had pistol. wanted to &c
on, but father said no. He would
shoot me in the back, but is too big u
coward to shoot me in the face.' Mr.
Ferguson and father got out and
Fleming said: DON'T come another
step The hand which held the pis
tol had begun to raise when
the shot was fired. Fleming
fell to one side. Father said to MIR
Holt that he had killed Fleming and
he was sorry for 1t; that he was goinp
up town to give himself up"
Cross-examlned: ~ was driving
father may have stopped the horsep
he. may have had hold of Que OF thu
reins; did not know who had free
the shot until saw Mr.. Fleming fall,
AT this point the testimony alb
ruptly closed and the defense resteC
their case An adjournment was had
until after dinner, when Mr.. Rhef
Bowlln OF counsel for the prosecution
opened the argument In a speech last
ing over two hours. He was follogec
by Mr.. Wypne for the defense. Tn,
courtroom was filled to Overlooking 4,
the afternoon wi h spectators, few
ladies being present. The REMAINING
arguments Will be made to-day ant
the case viii probably go before tn,
jury this afternoon.