The western sentinel. [volume] (Winston-Salem, N.C.) 1887-1926, 1895-08-15
TRIAL OF CUNNINGHAM.
THE JURY WAS DRAWN IN A
SHORT WHILE.
Counsel for Defense Asked for a Con-
tinuation Of Trial Until Next Court
Dying Statement of the Muir
dered Girl Read in Court

HALEY, colorcd, was begun in the
superior Court Tuesday morning. i'm
mediately after the jury had been
discharged in the Tlttle case.
Solicitor Mott and two colored law
yers, j. S. FitZ and j. l.. Lanier repre-
sent the State, while the prisoner is
defended by Glenn 81 Manly and
Jones & Patterson.
! Mr.. Manly asked for a continuance
of the case TO the next term of court,
on account of the excitement existing
in the community because of Sunday
nights trouble.
The Court replied that it seemed
that the prisoner had as little to do
with that disturbance as he had with
the Chinese war; that the trouble
!! grew out Of another; and if there was
no other reason for continuance the
motion would be denied.
The trial was then begun and the
following jurors were chosen:
John III. Wright, E. w. Burton, e.
A. Walker, r. l.. Alspaugh, w A.
Alspaugh, J. j. Shore, E. l.. Ziglar,
A. g. Wharton, S. h. Spainhour, w.
j. Transcau, Il. w. Griffith and j ID.
Lancaster.
-Four of these were selected from
the regular jury OF the week and eight
from the special Venire.
Examination for the prisoner is be-
ing conducted by Mr.. Clement Manly;
for the State by the Solicitor.
The first witness introduced by the
State was J. G. Resent. He was
Justice of the Peace and with another
Justice took statement from Lenora
HALEY, about 23J May; went to the
house and she said she Wanted to
make dying statement; that she eX.
pected to die from the effect of the
wounds she had received. She did
make d statement. Lee Smith, her
Heard since her death that she made
q different statement.
The next witness was Z. T. Leh-
man, j. p. He went with Bessent; he
took down her declaration in writing
1t was two or three days before she
died. She was very weak. Lee Smith
was present. Supposed she knew
what she was stating. Can't say she
was feeble minded, but on account of
her physical condition would doubt as
to her mental condition. The woman's
reputation was bad for virtue. Cum
ningham's general character was good
up to this time.
j. @. Resent re called. He thought
the woman knew what she was doing
when she made her statement.
Prisoners counsel objected to the
ihUI OcuCOlOu u btiC ny Ing utCIdIdUlOu
Objection Overruled and prisoner cx-
cepted.
The declaration was then read by
the Solicitor and is as follows:
THE GIRLS DYING STATEMENT.
|, Lenora Haley, of Forsyth county,
being of sound mind ana believing
that | am in danger Of dying from the
effects of gun shot wound received
at the hands OF Bud Cunningham, on
Tuesday, May l4th, 1895, at about
l1:30 o'clock, =. M, / desire to make
this as my dying statement:
| and my sister Cora had been off
and came to her home en- Hickory
street. Directly we got home, Bud
Cunningham came TO Flora Staples
room and asked where | was at. Flora
told him that | had gone to sec my
sweetheart. Afterwards, he came in
the room where | was and | hid be
hind the door. AS he went out
slammed the door behind him. After
wards, | let him know | was there and
he came up to me and asked me where
in the hell I'd been? | told him L
had been about my business and was
liable to go again. He told me, "Do
not give me any of your damned head
about it," He then slapped me and
threw a bottle at me and hit me on
the arm. He was going in and out of
the room and struck nue. several times.
We were standing close together talk
ing when | said some sassy word to
him Il do not remember WHAT folded
my arms, throwing my head slightly
back and looking squarely at him, lie
took 4 pistol out of Il trunk in FIura's
room, pointed ii right at me and
firing it, the ball from the pistol tax
ing effect in my neck. l believe that
he shot me with the intention Of
killing me. After ! fell in the floor,
he set set fire to basket of clothes
and walked out of the room whistling.
There was no one in the house except
myself and baby and Frank Galloway
and Bud Cunningham. / have never
seen Bud Cunningham since. There
had been no cross words between us
while Galloway was there and after
| my sister Cora and Flora Staples had
went out riding. (Signed)
her
LENoRA Y HALEY.
marx
Sworn and subscribed before us this,
23d day of May, 1895.
(Signed) =. II. LEHMAN, j. Il.
j. G. BESSENT, j. i.
After the declaration was read the
| Court said the jury should not regard
| the statement that the prisoner shot
| with the intent to kill, as that was
simply d belief. Other parts of the
! declaration may be regarded as compe-
| tent evidence.
DR.. j. q. Bynum was next introduce
| cd. He attended the wounded
woman. Her body was paraly Zed
| from the effects of the wound. The
| DR.. described the wound. Her mind
was clear all along up TO the time |
| last saw her and think this was the
| day before she died. Was present
held by DR.. Dalton, county physician.
| The mind would be clear in a ma
| jority OF eases with such wound.
| At the conclusion of DIR, Bynum'S
| testimony, Court took IL recess until
| 3 O'Clock.
Tuesday afternoon, the first witness
called to the stand was DR.. n. ).
| Siewers He visited Lenora Haley
| in consultation with DR.. Bynum
| Found her mind clear. Paralysis OF
the body does not necessarily affect
| the mind.
| = Lizzie Anderson c0lorcd, went tC
the house where Lenora was the
| night she was shot. She testified tC
| something burning in room next &c
one occupied by LenoFa.
Abner Hill, coiored, who was also
there that night. Soon after he got
there found complete fog of smoke
| Found fire in basket of clothes un
der the bed in the next room. Don't
think the basket could have been fired
by accident.
As we closed our report for the
| afternoon. Officer j. II. Thomson