Audubon Republican. [volume] (Audubon, Iowa) 1894-1925, 1898-09-15
THE PRELIMINARY TRIAL.
Further Facts in the Mysterious
rlurder Case.

ma last week to answer to tn,
charge of completely in the muir
der of the Cunningham Hepl
child last March, were brough
before Justice HI. M. Gray Mon
day morning, but as the defense
asked for a change of venue, the
case was taken before Justice
Theo. T. Myers. The hearing
commenced at l p. m. in the court
house, Monday afternoon the
defense was conducted by j. H.
Mosier reinforced Tuesday by Ell.
F. Andrews. County Attorney
Brainard assisted by VIM. Wonn
represented the state. Much of
the testimony was repetition Of
that given in the former trials,
but some sensations were devel-
oped.
Mrs. Wiley, the wife of the
Atlantic hotel keeper where Gun
ningham and Miss Hepp stopped
last spring and where the child
was born, testified as to them be-
ing there, the child being born,
etc.
E. Baxter who was on the cor
,oner's jury then testified. He
told how the body lay few feet
from the water at the creeks edge
north of the fair grounds. He
said the skull was fractured and
that there were blood clots under
the scalp and also under the
skull.
Jens Christensen, the Dane
liveryman, testified about hiring
the buckskin colored, or dun,
team and top buggy to Cunning
ham March 5.
Charley Alice testified about
finding the body and reporting it
to the authorities.
Sheriff Jones told of seeing the
body, of the skull being fractured,
of the blood clots under the skin
and also under the skull.
E. Baxter was recalled and tes-
titled as to the lay Of the ground
where body was found. Said
body was about three feet from
the water and perhaps eighteen
inches or two feet higher than
the water. Said the creek heads
up three or four miles north and
drains considerable country. One
branch comes from over toward
where B. Cunningham lives.
Mrs. Wiley was recalled and
told of a gentleman coming to see
Cunningham at the hotel on Fri
day night and that Cunningham
and Miss Hepp then concluded to
90 to Audubon, which they did
on the next mornings train. Said
the man wore light overcoat
DR.. Childs who attended the
inquest testified as to the skull of
the child being fractured and the
brain being injured. Portions of
the face and tongue were gone.
A mark was also over the heart as
though blow had been delivered
there.
Miss Wiley, daughter of the
hotel keeper, described the child,
etc, and also told of the man
calling and talking to Cunning
ham the evening before they left
the hotel. Said he wore a light
overcoat and had a heavy, dark
mustache. Cunningham had
not talked of leaving till after this
man had been there. The man
was thirty-fve or forty years old
r. n. Carper testified that the
child's body was lying near the
water, that the creek was ten OF
fifteen feet wide and drains con,
siderable country. Body was
some mutilated as by varmints.
VIM. Dryden told of wrapping
body up and and hauling it to Dr.
Childs' Office, and that it was ly
ing about three feet from the
water
B. T. Mendenhall said he lives
near Mr.. Palmer, ST., in nortl
part of town, that he knows Ar
thur Palmer, James Cunningham
and Hattie Palmer, that las
spring A. Palmer and wife were
living with his parents, the elder
Palmers, and that he saw Gun.
ningham and Arthur Palmer very
much together and often talking