The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1897-09-21

Was Futile
Tie Cunningham case came 10 an end
yesterday morning. The prosecution
7 asked fo- continuance and Judge Dale
refused 70 grant il. County Attorney
Amidjn then filed a motion 10 nolls
prosequi Tor the following reasons
Namely. absence OF material witnesses.
j. c. Clark, L. P. Bone. who
ing. and now in Washington. D. c.: E
y. Six, vince present whereabouts Is
unknown Carl Allen, who was the only
other person present a. the time OF the
shooting is now in the state OF Illinoi:
in charge Of the Mcmahon Bros circus.
McNaoo who was present and saw the
shooting. That county attorney has
made several trips TO various states 10
secure said witnesses: that said county
attorney has diligently attempted 10 Sc
cure the presence OF witnesses since
May term ot court and has been unable
TO dc 50. That the matter has been
submitted 20 the county commissioners
VINO have unanimously conceded with
this statement.
After listening TO the motion Judge
Dale congratulated the county attorney
upon his course saying il was the prop
er course 10 pursue.
In regard 20 the matter Mrs McMahon
said:
II think the court should have granted
| a continuance. We have done every
thing 17ft1d ~ "a vx-i-n
and We couldn't do anything without
them. I think Mr.. Amidon did the only
thing he could do
NJ. Amidon said: 81 believe Cunning
nam was guilty OF a cold-blooded muir
der and If / could have secured the
witnesses l could have convicted him
But everything was against me and
could do nothing"
Judge Dale said the case could be re-
arrested. but 1: would be foolish 10 do
so. These witnesses are scattered every
where and they do not want 10 come
here and cannot be compelled 10 come.
Mr.. Cunninghamsaid ;hatifhe was ever
10 be tried he should have been glad 70
nave the matter done with now. How
ever, he was ready az any time the
prosecution wished 20 take the matter
up. II have in my life arrested more
than 500 men," he said. '.and / never
had 10 hurt a man before. / am ready
10 stand trial any day for my action in
this case. Wichita has certainly been
very magnamimous to ne. and I have
been shown every courtesy by your Of
fcers. l hope some time 10 be able 10
return some OF the accommodations for
which am under obligation 10 Wichita
and Wichita people"
Mr.. Cunningham has been here on
three trips now and demanded trial.
Judge Legget, his counsel from Texas
said the case had cost Mr.. Cunningham
practically everything ne had and tina;
ne had made assignments 10 get out.
There have been from eight TO fifteen
men here every trip he has made. Ac-
companying him this time We're: J. H.
Beckett, president OF the Sherifs' Asso-
citation OF Texas; Sheriff McCune o;
Ellis county Texas; Colonel William
Hilson OF Palo Pinto county. United
States Marshal Love. Sheriff Clark OF
Tarrant county,
Some Of Joe McMahon's friends cen
case, but dis course is backed by the
judgment OF the court and the county
commissioners, the latter being Sc:
forth in the motion to nolle.
Mrs. Mcmahon was in tears all yes
terday afternoon. regretting that the
man who killed her husband was no:
even to come 70 trial. however. she re-
cognizcd the futility OF proceeding with
out witnesses 10 trial in which convic-
ton would seem 10 be so difficult. and
said 30.
Mr. Cunningham's attorneys were
confident that they could establish his
innocence but were very glad 10 have
the matter dismissed.
Mr.. Cunningham, his attorneys and
friends left last night for home-feeling
glad. and this in al probability Is ne
las, act OF one Of the most exciting
tragedies that has occurred in Wichita
FOR years The night Joe Mcmahon was
shot THERE was talk among his friends
Of summary vengeance and had he died
three hours earlier the history os me
case would in al probability have been
even much sadder. Yet the case is d.s-
missed and John Cunningham viii never
be called upon 20 answer % the law for
that act
Mr.. Harry Bone OF Ashland is in the
city attending 70 some business affairs.