Evening star. [volume] (Washington, D.C.) 1854-1972, 1889-06-14
THE CAPITOL SHOOTING CASE.

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THE CAPITOL SHOOTING CASE.
The Defense Claims that Cunningham
Fired Only to Brighten Hickman.
Yesterday in the Criminal Court, Judge Brad
ley, the trial Of Sidney b Cunningham, for an
assault with intent TO kill Turner K Hackman
in March last ct the capitol, was continued.
The defense stated that they expected to show
that there was NO intent to kill and that the
shot was not fred at Mr.. Hackman, but TO
brighten him.
Mr.. James Forsyth testified to the diagram
OF the room and the distances as marked by
preceding witnesses.
George w. Hutton, colored, testified that the
pistol was not fired at Mr.. Hackman, but
the shooting Cunningham ordered Hackman
out Of the room, and the Inter made show of
fight when they grappled.
THE TESTIMONY FOR DEFENSE TO-DAY.
This morning the trial was resumed, and the
defense called John r. Grace, who testified that
on March 6 last, in the House post-office, he
heard a conversation between the part les, in
which Hackman said TO Cunningham: "You sit
In your Office with your feet on the desk and
are too id lazy TO attend to your business"
Cunningham then struck at Hackman, who ran
his hand in his hip pocket and witness seized
him. As Hackman passed out Of the door he
(H.) said: This isn't the last of il. I'll get
even with him."
On cross-examinatiou witness said they were
talking about q check, and Cunninghams man.
ner was not overbearing, but both were irri-
Eating. Thinks Cunningham struck Hackman
In the mouth rather quick and strong.
Gen. James b. Clark, clerk of the House Of
duties of DR.. Cunningham as to the Tatlim
check, and stated that Cunningham had no
right to deliver the check to Hackman as he
had been instructed to deliver no checks TO
others than the payees except upon written
order.
An objection and the ruling out of the offer
on exception was noted.
W. II. Nichols, assistant doorkeeper. testi-
fled that he saw Hickman March ii fifteen or
twenty minutes before the shooting. He was
with several parties at the time.
The defense proposed to prove that Phillips
asked the witness If he did not want to see
set-to; that Hackman was going to settle with
Cunningham, and that this was in the presence
OF Hickman; but the offer was overruled and
an exception noted
On cross-examination witness said that he
had seen Mr.. Hickman with a view to have the
parties make up and settle the case, but not to
use money.
Frank Dodge Bell testified that after Mr.
Philhps had spoken Hackman invited witness
to go along with them.
Willie Howe testified that at the time OF the
shooting be had just reached the door. He
pointed out on the diagram the place where
Hackman was at the time, but could not see
Cunningham.
s; D. skein, Of the Capitol police, testified
that ne went In the room few moments after
| the shooting, and Cunningham had some blood
on his face and forehead.
The deposition of Col. Isaac n Morrow, to
the effect that he saw a number Of young men,
| including Hickman walking to the room of
Nv hafa L.
| read
ANOTHER ACCOUNT OF THE SHOOTING.
Henry Gumble, assistant disbursing clerk.
testified that he was in the room at the time;
that Hickman Phillips and Pickett came in,
and after Hickman got his pay he went to DIR.
Cunningham. He said: 'The other day
spoke to you in gentlemanly manner and you
ID dirty coward" DIR. C. re-
piled by directing Hickman to get
out but Hackman did not comply and then he
ordered him out again when Hackman struck
Cunningham and other blows passed. Then
Cunningham drew the pistol and witness said
to him. Doctor, don't do that you are for
getting yourself" He then turned the pistol
away from Hickman and fred but it was not
in Hackman's direction. Hackman then got
over the railing. Witness then marked the
positions on the plat and the place where the
ball struck, stating that it was six feet to Hack
mans left. After the shot noticed bruise
on DR.. Cunninghams face and forehead and
he CO. did not follow Hackman but went to
the basin to wash his face. Is certain that
Hackman struck the first blow.
DIR. cUNNINoHAMs STORY
The defendant, DR.. Cunningham, testified
that he met Hackman March in the lobby;
that he CID asked for Tatums check, and wit
ness told him to get an order for it; that on
March 6 he went to the post
Office and while at the telepbona
Haekman again asked for the e'' ehecE'
and witness declined to give it to him without
an order. Hackman then said that if he CO.
attended to his business, applying an epithet
then slapped him when he jumped back.
thrusting his hand in his pocket, but
was seized by Mr.. Grace. Hackman,
before leaving, said: 'This Is not the
end Of it; III get even with you" Saw him
the next day, and on March 18th Hackman
came to his Office. Witness was paying off the
extra months compensation to employees at
the time. Saw Hackman with Phillips and
Pickens come in the room. Hackman
walked up to the counter and received
and Hackman came to his window, the count
ers width only intervening. Hickman said
that he (witness) had insulted and slapped him
and he had come to brand him as "a id
dirty coward" Witness told him to get out
and Hackman said: II won't do it." Witness
told him to again leave. and walked out
and heard Hickman say: IF he comes
around here I'll shoot him" Witness, as
he passed his desk, took up his pistol
and placed it in his pocket. Witness
then went outside the counter and told Hack
man to get out, and as he approached him
Hackman struck him on the nose, and witness
struck at Hickman as he was going
back towards the door; he struck
him twice at least. Before reaching the door
Hackman jumped around facing witness-this
was abOut eiY feet from the veefihula
door and he Hackman) could have gone out
Hackman then threw his right hand to his
pocket, and witness, thinking Hackman in
tended to shoot him, drew his weapon. Mr..
Gumble then said something to him, Hickman
taking his hand from his pocket, and witness
seeing that he drew no weapon turned the
pistol from Hickman and discharged it He
fred for the purpose Of inducing Hackman to
leave, and it did have that effect After Hack
man left the room witness went to the basin to
wash his face. He did not fire the pistol at
Hackman.
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