Audubon Republican. [volume] (Audubon, Iowa) 1894-1925, 1898-04-07
THE rIURDER CASE.
Further Examination In the Prelimi-
nary Trial. Some Sensations.
PRISONERS BOUND OVER TO GRAND JURY
Bonds are Fixed High. Efforts to Get Them
Out on Habees Corpus.

house before Justice Gray.
Chris Larsen, the young man who hir-
ed the team to Cunningham was recall
ed. He fixed the date OF hiring the
team at March and just after the Rock
Island train came in. The baby dress
was found the 9th or 9th. Cunningham
came back for the valise the 9th or 10th.
On cross examination by Mosier witness
said Cunningham drove north on Mar
ket street but he did not see where he
drove to. Did not see that G. was ner-
vous when he returned.
G. M. Wiley, of Atlantic, was recalled.
He said Cunningham gave as reason
for the baby having hair lip that they
had been trying to get rid of it before
birth, that he had given Miss Hepp SAT
to get rid of it.
The sixteen years old daughter of G..
M. Wiley was put on the stand. She
told of a certain shawl Cunningham
purchased for the baby at Atlantic.
Mrs. Eva r. Carry was recalled and
stated that she was helping care for the
child nine days at Atlantic.
Blanche A. Simonton, sister of Mrs.
Garry testified she did the ironing for
the baby during the time they were
there. She minutely described the ba-
by's clothes and when shown the dress
found in the Dane barn in Audubon,
said it was one of them. She identified
it by the pleats, it having one more on
one side of the yoke than on the other,
and by not being finished in the back.
Robert Henderson testified that about
March 5 he saw Cunningham and lady
come up from Atlantic on the train as
he was returning from Chicago. He al
so remembered they went on up on the
North. Western train the same forenoon,
passing Ross. He remembered they had
a bundle, but didn't notice it closely.
Ed Ruff, a horseman, testified that one
day three or four weeks ago while train
ing horses OH the fair ground he saw the
dun team belonging to the Dane barn
out there in charge of a man. 1t was
about 10 o'clock in the forenoon and in
front of the running horse barn. Team
was hitched tC top buggy. Could not
tell who the man was. Thought he wore
dark overcoat. Witness drove out there
nearly every nice day. Hardly ever saw
team out there to buggy. On cross
examination said he did not observe any
thing peculiar about the man or team.
s. Hagarty. young farmer from the
edge of Carroll county said Cunningham
rode home with him three or four weeks
ago, and took satchel with him.
At this point the state rested. Mr..
Moser then addressed the court favOring
a release of the prisoners on the grounds
of the insufficiency of the evidence. The
speaker presented his case forcibly and
well. Adjournment was then taken till
afternoon.
At i 80 the court room was again filled
to suffocation to hear further argument
of attorneys. Those for the state waived
argument. B. l. Salinger then delivered
one of his characteristicall learned and
eloquent speeches. He contended that
the law contemplated there should be
reasonable grounds for commitment be-
fore commitment was made. He con-
coded homicide had been committed,
but he claimed the state had utterly
failed to show who committed it. He
thought this much was very certain-no
one killed the baby March 5, or harmed
a hair of its head. Since then there is
nothing to cast any shadow on the pris-
oners. 1t takes legal evidence even at a
preliminary trial to hold a prisoner. He
said never had better presentation
been made of immaterial matters than
had the state in this case, but in the
material points it had altogether failed.
He contended that no proof had been
produced to prove to reasonable man
that the prisoners had murdered the
child. The Nervousness of the case is
no reason for conviction, but more care
should be exercised
Justice Gray then overruled the motion
and Mr.. Mosier asked that defendants
be admitted to bail. Court was adjourn
ed to $3.50. At that hour Mr.. Gray fixed
the bonds at S50,0O0for Mr.. Cunningham
and $4,000 for Miss Hepp.
On Tuesday the attorneys for the de-
Tense secured an order from Judge
Church who is holding court at Carroll,
for Sheriff Jones to bring the prisoners
before him Wednesday at which time he
would entertain a motion to release
thera on habeas corpus. Justice Gray
was subppnied with his records and ex-
hibits in the case. Dr. Childs and DR..
Somerville were also subp9nied. The
case was not reached however at Carroll
yesterday nor will it be today. 1t is now
set for tomorrow morning. 1t is sup
posed that the attorneys for the defense
will first try to get the prisoners released
on the ground that the evidence is in
sufficient, and then if that fails to ask
that the bonds be made less.
Wilhelm Ahlstrand commenced clerk
ing in John Lidd's clothing establish
ment Tuesday.
Miss Catharine Earhart went to At
lantic Saturday to remain for several
weeks with relatives.
Rev. H. Yaggy, of Naperville, ILL.,,
was looking after business interests here
the first of the week.
Mrs. G. w. Burtch departed on the
noon train Tuesday to visit with rela-
tives at Atlantic and Wiota.
Fred Cole, of Lyons an employee OF
the North Western, was visiting relatives
here from Monday until yesterday.
Mrs. John Weighton's daughter, Miss
Lois. returned home from Davenport this
morning to spend her spring vacation.
Recent marriage licenses granted at
IN II