The Helena independent., 1894-12-11
NOW HE WILL HANG.
Tho Supreme Court Refuses to Allow New
Trial Tor Calvin Christie Alias
c. ], Black.
VERDICT AccoRos WITH EVIDENCE.



Three times respltcd Charles Black,
whose true name is Calvin j. Christie,
viii bo hanged al Kallspcll on Friday.
Dec. "A, for the murder of Mrs. Lena
Cunningham, near that place, on the
evening OF April Is last. Judge Du-
Bose, who presided at the trial, deehied
the verdict OF the jury Just one, and
denied a motion for a new trial. The
supreme court yesterday affirmed the
action OF Judge DuBose, and unless the
governor should interfere with COM
mutation OF sentence, which is not like
~ Black viii eXplate the brutal crime
on the scaifold the Friday before Christ.
mas.
The opinion OF the supreme court In
the case was hGnded down yesterday.
IL was written by Associate Justice De-
witt, and coneurred IN by Chief Justice
Femberton and Associate Justice Har-
wood. The latter. however, while con-
curing In the general. findings. prom
lses 10 give his reasons In "A separate
opinion. one OF the errors alleged by
blackB counsel on appeal was the Riv-
Ing OF certain instruction on the n,ies-
uon or an alibl relied on by Black. The
notice OF motion for a new trial aid NOT
state that Black relied upon the alleged
srror. The defense omitted making the
instruction referred 10 ground for a
motion Tor new trial. The supreme
court holds that the alleged objection
able instruction Is not now subject for
review. one specification on the mo.
uon TOT new trial waH-that the verdict
was contrary To the evidence. The spe-
clncation. though In the motion. was
NOT presented In the brief or argument
vi the counsel. 1T Is not now con-
tended before this court" says the onin-
ION, 'that the verdict Is contrary 10 the
evidence. The Jury passed on this
question OF evidence and no one As here
20 say that the evidence does not SUM-
port the verdict" Another error alleged
was IN allowing the question TO be asked
slack u he had been convicted of felony
w minnesota. Judge DuBose overruled
objection 10 the question, but told Black
ne might refuse 10 answer. Black said
ne mad been so convicted. The defense
argued that this question should not
nave been allowed, because IL was at.
tempting To prove the conviction of
Black by his own testimony, and not
py the record OF the conviction, which
Objection was made to the question 4"
says the supreme court. nor was excep-
ton taken TO IL on that ground. Such
objection Is therefore not before is for
consideration"
but We think In the case at bar"
continues the supreme court. there il
u Phase OF the case which permits the
Introduction of testimony sought 10 he
deduced by the question. Let Il be re-
inembered that the means OF proving the
tact are not now under consideration.
NO objection Is made to the means.
Inc question is whether the testimony
was competent and material for any
purpose. We think II certainly IA COM
petent and material to show. on cross.
examination, that a defendant had been
convicted OF a felony, in order 10 dis
credit him, and TO attack his CREDIBLE
lty' on this point the court Quotes
numerous authorities, including exc
tracts from the laws OF Montana
another error assigned was that the
lower court allowed witnesses 10 he
examined by the state whose names
were not indorsed upon the informa-
uon at the time IL was filed The su-
preme court finds, however. that the
names or such witnesses were indorsed
upon the Information by order OF court:
ana To each of the Endorsements, with
one exception, the prosecution stated
that the testimony had become known
70 the county attorney since the in
formation was filed. The supreme
court says that If there were any merit
In the contention OF the defense. II was
disposed of under the facts disclosed
by the record.
The one exception referred to was
Dr, w, w. Bullard. who testified to the
analysis OF blood and blood stains. The
county attorney stated, In opening the
case. what he expected to prove by this
witness. Counsel for defense admitted
In effect that they knew DIR. Bullard
was TO be called, but objected that there
was no opportunity to procure testi-
mony 10 rebut his. Judge DuBose told
them the power OF the court was at
their disposal to obtain any witnesses
they might want for this purpose. They
did obtain an expert who was examined
on the matter OF blood stains. The su-
preme court says: mo prejudice
seems 10 be shown in this regard, or TO
be claimed by counsel"
we have reviewed all the errors
which have been argued by counsel,
ana from our examination Of them, are
OF opinion that the judgment must be
afiirmed,' says the supreme court In
conclusion. while we have not been
asked on this appeal To review the evil
dence, II has been brought here in the
record, and has come 10 our attention.
In addition 10 the fact that counsel
have not here claimed that the evidence
Is insufficient 10 sustain the verdict. we
are OF opinion, from what Independent
examinations we have been able 10
make of the testimony, that the ver-
dict is sustained by the testimony be-
fore the jury.
1T appearing that the defendant has
been granted "A respite by the governor
until the 2lst day OF December. 1894
pending the presentation and decision
OF this appeal. Il is Therefore declared
that the Judgment OF the court below
be executed on that day. I'm accordance
with the provisions OF section 377 of the
criminal practice act"
The crime for which Charles J..
Black, whose right name Is Calvin j.
Christie. was convicted was the MUIR
der of Mrs. Lena Cunningham near
Kullspell on April 2S last. The muir
derer II q young man. and n native or
St Paul, whore under his true name OF
Christie, he bore a not very enViable
reputation. having served n term In the
Minnesota pcnitentiaTy He drifted out
TO kalispell. where he worked al odd
Jobs The evidence that secured his
conviction was purely circumstantlal.
yet the chain was SO strong that the
jury considered II sufficient 10 hang him
on, and the lower court and the supreme
court have since approved their CON
clusions.
shortly after Q o'clock on. the evening
OF April 2s Ernest Miller, n ranchmnn
living near Kallspell. started out to get
his COW. About 200 yards from the
house hc found the COW looking at some
thing In small clearing. Miller
stopped and looked too and found a
woman lying ON the ground. He recoR-
nizcd her as Mrs. Lena Cunningham,
the wife OF John Cunningham. neigh
bpr. She was unconscious but still
breathing Her face was covered with