The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1890-10-07
LOYAL EVEN TN DEATH.
Mrs. Cuniff in Agony, Ex-
Cu1pates Her Brutal
Husband.
HEFIED FROM HIS BURNING WIFE
The Murder Case Closed on Both
Sides Evidence of Habitual
Brutality-Cuni Story.

by burning his wife 10 death with a
lighted kerosene oil lamp, which he
hurled at her, at their home on Warren
street, on the evening of Sunday, Sep
tember z. is drawing to a close in Judge
Knapp's court on the Heights. The State
rested this morning. and the defense is
being hearf at the time this paper goes
to press.
One or two witnesses were sworn after
the close of the report in THE NEWS yes
terday afternoon.
DR.. Sexsmith testified that the cause
of Mrs. Cnniff's death at the hospital
was the burns she had received. Justice
Stilsing called next testified that Cuniff
was arraigned before him the day follow
ing his arrest and that he made
home drunk that night, after he had gone
to bed. He said his wife picked up the
lamp and the chimney fell from it to the
floor. When she stopped to pick up the
chimney the lamp fell and exploded and
set fire to her. Cunif jumped out of bed
and try to extinguish the flame.
"And he told me-" said the Justice,
''that he burned his hands doing this"
AN EPILEPTIC JURY.
Catherine Lewis testified that Cuniff
and his wife often Quarreled, and that
she saw him on one occasion throw tea
pot at her.
Theodore GerRen was then called, but
before he could testify the fifth juror,
William Il. Palsner, was stricken with an
epeleptic fit. DR.. Converse was in court
and he at once applied restoratives. but
owing to the illness of the juror the court
adjourned until today.
The fifth juror was well this morning
and the Trial was resumed.
Il never saw Cuniff hit his wife, said
Gerken, who was called to the stand, "but
l frequently heard her make outcry at
night and the next morning she would
have marks on her. Mrs. Cuniff was
taller than her husband"
Cross-examined:-"I should judge she
weighed about one hundred and eighty
pounds.
BRUTAL TREATMENT.
Mary Gerken testified:-sI lived at No.
1874 Dudley street at the time of this trou-
BILE. Mrs. Cunif was my sister, / once
lived in the same house with the Cuniffs
One day saw Cunif hit her with piece
of wood; he licked and beat her; he once
stuck a fork in her neck; did not see
this inflicted; 1t was three or
four months ago; / saw him slash
used to fight often; found by sister on
floor unable to move two or three times
after he had licked her. -
FLIGHT IN UNDRESs.
saw my sister in the shoemaker's shop
after the trouble; saw the sparks and
fire, and told my husband her home was
on fire; / went there and found her and
then got q skiFr from my house TO wrap
around her. L saw Cuniff then come
out of Kelly's hall, and he said to me,
more trouble, I" and said, "yes, and you
had better run to get out of 1t. He had
no hat or shoes on, and think he wore a
,.ad HoUnal oh "a
tow path when he left me.'
Jacob Cohen, of No. 130 Morris street,
testified that he kept store at No. 1T3
Warren street; had known Cuniff for
three years: that night he had heard out
cries in the Cuniff house; didn't hear
what was said: often saw marks on her
face.
Christopher Wilbaun, of No. 1866 Warren
street, also testified that he frequently
saw marks of violence on her face; black
eyes and bruises.
Several other witnesses gave similar
evidence and the State rested.
THE DEFENSE OPENS.
Counsellor Dixon opened for the de-
fense.
..This man, ? he said, sis indicted for
mulder, and I apprehend from what the
Prosecutor has said he will ask for ver-
first degree. This presupposes
deliberate malice and previous inten tion.
To provo intention it is usual to try to
prove a motive, and take it the motive
the Prosecutor intended to prove was the
desire to injure her for years. This case
is one purely of circumstantial evil
dence." The counsel then tried to
explain why Cunif had fed from
the house, which was that he wanted 10
have his burned hands dressed after Civ
ing an alarm TO the police. He found no
police and then Went to the steel works
to get oil for his burns.
Police Captain Frederick T. Farrier was
the first witness called for the defense
He testified that he was a witness at the
Coroner's inquest, and that Cuniff made
statement to him.
Ibid not Sinot state to you that he did
not see it, bnt he heard the lamp
bioken?" asked Mr.. DAILY.
Counsellor Winfield objected to the
question and the Judge refused to allow
it.
s'THE HoRRoRsp' In JAIL.
Dr. Converse testified. II know the
defendant and treated him for his hand
burns: for tWenty-four hours after he came
to the jail he suffered from ihaliucinations
caused by incipient delirium tremens;
these symptoms broke out after he came
to Jail; not before | first saw him
twenty-four hours after he came to the
Jail in September; he began to improve
after thirty-six hours, and no mental dis
Detective Pearson testified :--"I arrested
Cuniff September 4 he was committed
to the County Jail the following Tues
day; when arrested he apparently had
been drinking, could not tell how " dong;
his conversation indicated the same.
Francis Whalen testified:-sI am a
clerk in the Board of Street and Water
Commissioners; / have known Cuniff ten
years and his wife since she was born:
remember the night Mrs. Cuniff was
burned, was Ia bed when heard cries,
Mr.. Cuniff's sster-sn-law and
brother-in-law woke me and
said Granny's house is on fire. went
there and saw Mrs. Cuniff, who said TO
me, Look at me. Francy, Pm all burned
up.' l asked who did It; she said, No
body, did 1t myself went to the STA
tion house and reported. came back
and waited for the patro. wagon and saw
her put in it. A shoemaker was present.
when l went in. Her sister came with
me when went there.
LOYAL EVEN IN DEATH.
Miss Brown, a nurse at tue hospital,
testified that she told Mrs. Cuniff she was
dying. and had said TO her, Lizzie
would you tell lie on your death bedr'
mo" replied Mrs. CuniH
'tWho was iti' Miss Brown asked, that
burned you? Was it your husbands"
'tNo, it was MOI" was the answer. ''He
WASN'T there all the time. He was in the
next room and got his hands burned i'll
trying to put the fire out.
This ended Miss Browns evidence and
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