Evening star. [volume] (Washington, D.C.) 1854-1972, 1889-06-13
THE CAPITOL SHOOTING CASE.
Trial Of Sidney b. Cunningham for As
sa1lt with Intent to XIII.


In the Criminal Court Judge Bradley. this
morning, the trial of Sidney B. Cunningham,
clerk at the capitol, indicted for an assault
with intent 70 kin Turner 4. Hackman March
II last by shooting at him, was proceeded
with--Mr. Lipscomb for the government and
Messrs. Robert Christy and II. Wise Garrett
for the defendant.
There were eleven jurors in the box, those
in the Walters case being still out, and the
court directed that the marshal fill the box,
which he did by sommoning bystander. The
defense claimed the right to have all the jurors
present to challenge from, but they were over
ruled.
POINTS OF Law.
The defendant also claimed that they had
the offense was felony
The court stated that in his view the offense
was not felony, and the defense therefore had
but three challenges
Some discussion on this point followed Mr.
Garnett stating that Chief Justice Carter had
ruled that offenses punishable in the peniten-
tiary were felonies.
The court, citing the act of March 2, 1881.
said that the definition of offenses remained as
before that date, and assault with intent to kill
was misdemeanor at common law. This was
misdemeanor, and he adhered to his ruling
The jury-box being full, the defense excepted
TO the summonslng OF talesmen and to the rul-
ing that they had exhausted the challenges
THE JURY-THE OPENING STATEMENT
The following are the jurors: S. Thos. Brown,
s. Bryan, r c. Jenkins, ]. K. Forrest, Jas A.
Tolbert, Jas. L. Carberry, ". B. Turner, L. r.
Trembly, b. l. Ellen, r. Il. Mitchell, W. T.
Ashby, and s. L. Hoover.
MIR. Lipscomb, for the government said that
the defendant was a disfursing clerk of the
Senate post-office and Hackman a riding page,
who received his pay from Mr.. Cunningham.
They had some words and Hackman received a
blow. The following day he called at Cunning.
hams desk to receive his pay and remarked to
Cunningham that he had made cowardy as
sault upon him. Then Cunningham ran from
behind the desk and struck Hackman in the
mouth, and a struggle followed. When they
separated Cunningham drew a revolver and
fired, the shot embedding itself in the wall.
HACKMANs TESTIMONY.
Mr.. Hickman testified that on the 9th of
March he went to draw his pay. Mr.. Cunning
ham was not there, but witness saw him later,
and their greetings were pleasant. Witness
told Cunningham that Mr.. Tatum had not re-
ceived his check, and that he had loaned T.
twenty dollars to pay off his hands and asked
him for the check. Cunningham replied, Il
can't pay you the check. It's Tatum's, as he
earned the money" then said ''Tatum has
been up to get his pay, and you couldn't make
it out. He told me to ask for it and he would
indorse it and let me have my money out of if. "
Cunningham replied, II can't do it; can't
help you to collect your debts" Witness re-
piled: If you had done as you ought, you
would have given him the check first"
with that he banged me in the mouth, ~
said the witness, land said to him: Here is this
man coming down month after month for this
little pittance. II you had done as you ought,
instead of sitting here in the post-office, he
wouldn't need this to-day and walked away.
March IL went to the cashiers window and
said. The other day down in the post-ohice
talked to you in gentlemanly way; that was a
cowardly way to strike me. You certainly were
a coward to strike me that way. Cunningham
then came out toward me with his hand to his
hip pocket. and backed and then blows were
exchanged, Cunningham in the meantime tell
ing me to get out. l then left, when Cunning
ham followed and fired at me-"
On cross-examination witness was asked if
before March IL he had not made threats to get
even with Cunningham. He said he had not,
but had said that he did not like the way he had
been treated. He had not invited Bull and
others to see him get even with Cunningham
David E. Crockett testified as to the diagram
of the room.
Thos. A. Keech testified as to the shooting;
that he understood Cunningham to say to
Hackman, ''You had better get out of here"
or words to that effect Witness watched the
parties, having heard Of the previous difficulty,
thinking that they were going to fix it up, not
thinking that there would be any shooting.
On cross-examination witness said that Hack
man was turning when the pistol was drawn.
Frank NJ. Jumpers testified that he was in
Mr. Cunnlngham's Office at the time of the
shooting; that the men got to scuffling, after
which Cunningham drew the revolver and
fired.
On cross-examination witness said that Mr.
Cunningham said that the shot was to brighten
Hackman.