The sun., 1896-02-14
DIR. CUNNING TESTIFIES.
HE GIVES MS VERSION or NOW HE
TREATED HIS WIFE.


Denies Many Detail. In IIis yvir's story
OF His ALLEGED III Treatment. but Ad-
nits that He Bincked Her Eye-He
Makes Many Unpiensnnt Suggestions.
Many new and interesting facts concerning
the domestic life OF DR.. Josiah II. Cunning,
formerly pastor of the Bedford Avenue Baptist
Church In Brooklyn, and his wife. Mary C. Gun
ming. who Is suing him for separation. came
out In the third day OF tho trial before Justice
Van Wyck in the supreme Court In Brooklyn
yesterday. DIR. Cunning went on tho stand ut
about 1 o'clock and remained there during the
remainder of the day. His counsel. Almet +.
jerks. gave him every opportunity to deny the
statements made on tho stand by his wife and
TO tell In his own words all about his life since
he was married to her in the Grand Central
Hotel in this city. Dr. Cunning lost no chance
OF talking, either. lie got enthusiastic as tho
examination proceeded, and answered questions
80 volubly that at times II took the combined
efforts Of the Judge, the counsel for the plain
tif. Asa W. Tenney, and his own adviser. Mr..
jerks, TO stop him. invariably when thus sup
pressed DIR. Cunning would start Off on what
threatened to be an equally long apology. and 1t
was not until he had been on the stand for two
and n half hours that ho wns nbls to conhne his
answers to the points In the questions.
Once under restraint DR.. Cunning rnade q
fairly good witness. but he did not mike q very
good impression on the.people In the court room.
He said many ungallant things about Mrs. Gum
ming, and invariably began negative replies to
questions by his counsel, regarding the truth Of
allegations made by his wife, with: "As hope
TO live in the hereafter" Mr.. Tennev writhed
under the drawled and pompous emphasis with
which these words were delivered. and finally
he jumped to his feet and objected. The wit.
ness looked horrl6ed. but the Court sustained
the objection, and Mr.. jerks instructed DR..
Cunning that yes" or no would do for an
answer.
1t was when DR.. Cunning. in telling Of how
his wife frequently followed him around said
that he only paid her fare on a Fulton street
car on one occasion because he did not wish TO
show her the disrespect in public that he was
willing to in private. that there was a buzz Of
disapproval among the spectators. DR.. Gun
ming laughed after he said this. but no one else
did. The remark was sample of many others,
made gratuitousiy by the witness during his
examination and more than once the tears
on the point OF breaking down. Once she did
break into tears That was when the witness
with n hair. brush and had then torn up her
marriage certificate.
49, Don't do that Mary, said" said & the wit. wit
you're my wfe.'" Then DR. Cunning testified
he was his u ont, 10 hs
Mrs. Cunning stared aghast at her husband
he sai1 this and then as she realized s Tsa.
sobbed uncontrollably. TWAS some time before
| eX-JudGe Tenney succeeded in soothing her.
| The testimony OF all the witnesses taken to-
Rether showed that a remarkable state of affairs
years There were constant chickering's. with
| DIR. Cunning and his three daughters and one
ssn Fom le s to
mony. the son Harry seems to have been op-
nj 1 an
occasions. Since tho beginning Of the present
action Harry. who is tnll. eI-headed young
man. has been conspicuous about the court
lie only smiled when his stepmother told, how
and e n sGe six Shawl and ei given " them to
young woman to whom he had been paying. at
elances which we're directed at him.
Yesterday morning he was in the court room
eorer S % Of the eH room. lie Eept the POSITION until
a subpoena server marched in, followed by a
| and. looking very much ashamed, he wal ked to
the rear OF the room and stayed there the rest
Of the day. The pretty young % woman was Miss
younx Cunning had bestowed his affections and
him "a whitening glance ms she took a seat in tho
row reserved for witnesses. and for the first
time since since IL the trial opened the youth did not
There was the usual crowd Of Dr. Cummings 8
hour before the tme..et for the resumption Of
| the trial. The corridors were also full OF people
sesn sesn of a sy
publicity given to it. Few Of these outsiders
in Ssnk IN and hs essF # r.
ming had all the seats and most of the standing
room, As on the two previous days Of the trial
| Mrs. Cummings friends sat on one side OK the
| room. while the defendants sympathizers 90.
fhe first witness called was Miss Lillian NJ.
Caulneld. She simply corrohorated the testt-
TO- on ha Sy Mss as 10 tbars
| O sid ers about his wife
:, Then Miss Gurnee took the stand. She said
nnG n to
said that Harry Cunning had shown her great
deal Of attention and had given her several
| presents at different times. Among the present Is
were a pair OF opera glasses. a silk shawl. and a
souvenir ino9n When he gaze her the glasses
thought he'd buy them for her. The shawl. he
value The first inkiine she had that her ad.
mirer had given her another woman's property
her that tiS young u z tiunnns had wrongfully taken
| It from his stepmother. She then. she said.
gave the things up without a moments hes'ta-
Samuel Joseph Hague was the next witness.
He had been close friend OF both Dr. and Mrs
1894, he went at the request OF Mrs, Cunning
TO see pr. Cunning totry to srranGe the differ,
doctor talked to him; for DR.. Cunning refused
toward an amicable arrangement Of the trouble
until no lad stated his side Of the affair,
| II listened to him patiently" said the wit
ness. " and when he was through l said Doc.
tor, do you want me TO tell yop exactly what a
beginning OF this trouble has beenT He said
that he did. then said: Well you can't get
her to say. one single word against you"
Mr.. jerks objected to further testimony on
this line and was sustained by the Court The
witness was allowed. however. to repeat that he
had called on DR.. Cunning at Mrs. Cummings
solicitation. that he had told the defendant this
and that he had further informed him hat Mrs
| Cunning had said she would not remain longer
In the house unless there WAS change there
Dr. Cunning had then told him that Mrs. Gun.
| ming was ali at fault, and tho witues said that
he had then asked the Doctor what the solution
| of the trouble was to lie. The Doctor replied
| that he guessed he'd "hnve TO Ducc Mrs. Gun
| ming where he could find hcr."
Meaning In an asylum" put In Mr. Tenney
"lo didn't say what he meant replied tho
| witness,
After Mr.. Hague had obtained the opera
glasses and other presents from Miss Gurnee, II
Tho latter part OF October. there was a mectinf
in DR.. Cummings Office. lac said. at which Mr.
| u. Harr nd thn \yi