The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1897-04-10
EVIDENCE is ALL In
ticket broker at the Manhattan hote
Continued from Fifth Page.)

after he was shot. / heard the shots |
three OF them 1 did not hear anything |
said. i only heard three shots. There |
was short interval between the first |
and second shots. Second and third |
were in close succession. / saw Mr.. Nc
Mahon stagger around and fall on the
floor. / saw Cunningham come round
after ice fell and still had his revolver
pointed at him. Joe was not trying 10
shoot After he fell I heard Mr.. McMa- |
hon say several times, That man has
killed me: some of you ge, him
On cross examination Mr.. Bennett
said:
II had seen Mr.. Mcmahon before the !
shooting but do not see hin a. the time
OF the shooting. 1 did not see Mr.. Nc
Mahon have gun. I saw Allen have
gun that / understood 10 be McMahon's.
1 cid not think that Mcmahon had any
thing in his hands when he came around
the partition. 1 heard him say in SUB
stance, That man has killed me: won't
somebody get MIN or shoot him. 1 can
not saw which il was"
OFFICER HARRY SUTTON.
The next witness put on the stand
was Officer Harry Sutton. the detective
of the police force. The state seemed
70 want 10 prove that j. b. McMahon
had learned that Cunningham had pa
raded here as an officer from Texas, and
afterwards found out that he was not,
and that hence he accused him OF imper-
sonatlng an officer and applied harsh
ep;thets 10 him for doing so. This the
state wanted 10 prove by Harry Sutton,
but the defense objected on the grounds
that it was not material to the case
wheher McMahon did or did not believe
that Mr.. Cunningham was fraud. The
defense pointed out that so far as Nc
Mahon was concerned he was not per-
sonaHy interested in knowing whether
Cunningham was or was not an officer;
that he had no warrant for him. or had
nothing 10 do with him in any way.
The court held that as this was an ex-
animation only, he would allow some
latitude. but on renewed objections from
the defense, the court sustained them
and that matter was not inquired into.
Mr.. Sutton then testified that Mr.. Cum
ningham stated 10 him shortly after the
shooting that Mcmahon shot al him
when" Cunningham is alleged 10 have
said; II am excited"
Mr. Sutton examined two revolvers
found in a grip and stated that there was
one empty chamber and three empty
shells in one gun and one empty cham
Der and no empty shell in the other re-
volver. This revolver was supposed to
be McMahon's and the other Cunning
MANS, and that hence Mcmahon did no
shooting, while Cunningham fired all the
shots. The policy of the defense seems
10 be to not admit that the revolver in
tine possession of the police is not Nc
Mahcn's at all, but that there was
substitution at some stage of the time
between the time Joe Mcmahon fell and
he time the officer finally got possession
of the revolver. 1t will be remembered
that according to the testimony the re-
volver in question had been in the hands
OF j. c. Clark and Carl Allen. both cir
Gus men.
ARREST OF CUNNINGHAM
Officer Jim Derr followed Officer SUIT
ton. He stated that he arrested J. V.
Cunningham and received his revolver
from him. He stated that ne had to
have tussle with Carl Allen to get the
other revolver away from him. He car
ried both revolvers TO the police station.
and identified the revolvers before him
as the ones. He said that the revolver
supposed 10 be McMahon's was cooked.
but that he didn't know it until he ar
rived al the police station.
PRESIDENT OF BOARD.
Colonel Jocelyn, president of the police
board. made his appearance in court the
first time In that capacity. He testified
as 70 having received TIE reviewers from
Officer Derr and keeping them in his
desk ever since. He said that the guns
are now in the same condition that they
were then, and that when he received
them both were in good working or
der.
THE WIDOWS EVIDENCE.
Tie state saw fit 10 have the widow Of
Joe Mcmahon take the stand When the
defense saw the drift OF the questions
asked Mrs. Mcmahon. Judge Wall said
the defense would waive all prelimina-
ries and admit the questions being ask
ed. The state insited, however, in exam
lining Mrs. Mcmahon. she said: my
name Is Lenora Mcmahon. J. q. Nc
Mahon is my husband; was al home the
night before the tragedy. and went up
town in the morning az the usual hour
He said ne was going 20 see Biting
about opening The show for the benefit
Of the Chandler sufferers. I saw him
Shortly after he was shot. He was con
sc.ous. We have two children. one aged
two years and the other aged eight
month";"
The defense did not cross-exanins Mrs !
Mcmahon.
OTHER STATE TESTIMONY.
The other state Witnesses put on the |
stand were 7. p. Bone and r. A. Six /
Their evidence vas not material.
ALBERT CHRISTIAN.
The defense opened their case by put
ting Albert J. Christuan on the stand /
Te said he was IN the boot and shoe /
business at 4o2 East Douglas avenue /
On April . he wen. % the Manhattan I
hotel 20 see M. Bennett and just as
he got inside tl1e west door he heard the 4
first shot. HIS eyes rested on J. = Nc 1
Msh1n coming backwards. ard then tao 4
more shots were fred IN rapid success
sion He saw Mr. Mcmahon holding his T
revolver n both hands. Before ne fell. 4
somebody grieG 10 wrench the revolver 1
from ais hands.
On cross-exsminst NT. Chris,na1 4
sad that a. 10 time did he see Cunning 4
ham ~ al Mr. Ar1.don trad harf q 1
break down TIE testimony q Chr1st- 4
nan. but ne witness remained UnsAs- I
ken in his position thai h sax Mona /
hyn with gun u Re hands and po.n;- I
~ = fo-u-z- 4 f.as--e Re faT - s-e