The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1893-08-12
EXAMINER WILSON'S GUN.

1t Was the Main Link In q Chain of Cir
cumstantial Evidence.
David Cunningham. a young man whose
appearance does not stamp him as q
hardened criminal, was tried before Judge
Hunt and a jury in tho district court ys--
terday. on q charge of burglary. The of
tense he was claimed to have committed
consisted in entering the room occupied by
Bank Examiner E. T. Wilson. in the Grand
Central hotel, on Aug. 2, and stealing a
lot OF clothing, a revolver md other arti-
cles. The main testimony for the state did
notshow that Cunningham had boon .ae.n
about the hotel. 1t was shows, liz viewer.
that he had taken the stol, n ristol to Jake
Youna's pawn shop and sold il for 81; and
that on being arrested the rest of the stolen
property was found In his possession, ex-
cept a pair OF trousers; also that the pawn
broker identified him as the nan
testimony E1aminer Wilson said the goods
were taken from room ia at the Grand
Central. The hotel people said the exam
iner occupied room sixty-four. On that
Lawyer CavanauEh, for tho defense, moved
the court to inst 'uct the jury to find a We,
dict of not guilty on the ground of yari-
anoe 90 TO tho number of the room alleged
in the information and also that there had
neen no proof Of CunninchAm's having on
tered the room. County Attorney Nolan
asked for and obtained lenve TO amend the
complaints, n the defendant WIS grant
time 70 meet the amendment. This time
right of the state to amend the complaint.
The court overruled the objection. and an
exception was taken.
Cunningham was put OF the stand in HIS
W defense. He testified that he was
from Portland. Ore. and "a years old.
He arrived at Butte on Juno IA and worked
tho-e NJ blncksmithinR about a month.
when he went to Anaconda. From there
he came to Helena. He testified that he
bought the stolen property from n man
in the rear of the Bucket of Blood'' sa-
loon on Clore street. for So 30. mud nd
nitted selling the pistol for 81 to the
pawnbroker. The countv attorney looked
at the young man hands and says they
bore no evidence of hard work such al
blacksmithinR.
County Alto nev Nolan. in his argument,
said Cunnlncham's story did not possess
even tho element of novelty. "Tho CON
olusion Ia inevitable" he snid. "lhnt the
story is fabricated by tho defendant
Lawyer Cavanaugh told tho Jury he had
never known a man to be convicted of bur.
g!ary when there was no evidence shat hc
had entered the building. Cunningham
had made n vain effort to find some one tc
testify to hia having rurcha,sd the goods
in the rear OF the Core street saloon,
Some of tho ftequentsrs of the plnce re-
membe ed seeing Kim there. but mono OF
them saw the alleged purchnsc. Referring
to these witnesses LAWYER Cavannush sni'
thnt ITO save themselves from the conse
quences of their own vagrapcy and immor-
ality they were willing at ali times to piyt
testimony for the state" The jury came
TO a conclusion after court adjourned nnd
will bring In thor verdict to- DAY. If fount
guilty Cunningham's runishment can h,
all the way from one to ten years imprison
ment.
The revolver which lel to the arrest OF
Cunningham Ia one Of n pattern seldom
seen in these parts. 1t consists of a cylin.
der somewhat larger than a silver dolla.
with a barrel prot uding from tho rim.
On the rim opposite il a lever. Inside th.
cylinder IL another cylinder which evolve,
and which ho'ds seven short cartridges o.
letting the cylinder lie In tho pam of tn.
closed hand with tho barrel . otruiing be
tween the second aud third fingers, nnt
pressing on the lever with the ball of the
thumb. This exploles q cartridge b,
means Of q spring inside tho cylinder. TIL,
lever then flies bnck and es II Is pressed til,
inner cylinder moves a oun and locate,
another cartridge in place fot the hammer
Old campaigncrs shy II IL q very inceniouI
affair. but thcy prefer tho old style In
close engagement.
The Judge Had Mercy ~ His Family.
The jury In the case of John Cox cnm,
into Judge Hunts department. OF tho dis.
triot SQUIRT yesterday and found tho ina,
guilty Of stealing the roan marc from Will
INN Evans. az charged In the ,tion
They recommended Cox to the mercy o