Audubon Republican. [volume] (Audubon, Iowa) 1894-1925, 1898-12-22
THE CUNNINGHAM CASE.
The Long Trial Drawing to q Close.
The Defense Rested Yesterday.
Court to Adjourn This Evening to
Monday When the Arguments Will
Be Made.


For over one week the jurymen have
patiently listened to the evidence as
brought out by the county attorney and
his assistant and that presented by the
defense, and are now doubtless seriously
considering in their minds where lies
the responsibility for barbarously taking
the innocent life of the little Cunning
ham babe last March. That the guilty
will be found out is the wish of the
public. Great crowds have been in at,
tendance nearly every day. Last Satur-
day afternoon even standing room was
scarce. The case has been conducted
ably by the attorneys and Judge Smith
has been very fair. The evidence is ex-
pected to be completed today and the
arguments be made tomorrow. Below
we give brief summary Of the evidence:
The first witness was c. NJ. Wiley,
landlord of the Commercial hotel at At
luntic where James Cunningham and
Miss Hepp stopped last February and
where they stayed till the child was
born. He said Cunningham did not reg
lister, but passed under an assumed name
and said they had been in Nebraska and
were going to their home in Illinois, but
had to stop for his wife to be confined.
Afterwards parties from Audubon coun
ty recognized him in the hotel and he
had to acknowledge who he was and
then he told about his trouble and how
they had tried to get rid of the child be-
fore birth, thought the hair-lip was
caused by their efforts, that it had al
ready cost him $470O. At times defend
ant was kind to the child and at other
times it seemed 10 annoy him greatly.
Chris Larsen who worked in the Dane
livery barn last March testified that on
March the defendant, Cunningham,
met him on the street and hired the dun
livery team of him, and that he went
with the defendant who was in hurry,
to the Rock Island depot where defend
aut took in a lady who carried bundle
like child in her arms, wrapped in a
shawl. Cunningham returned the team
warm before very long and had the
shawl with him which he said the lady
forgot.
Thursday afternoon Fred Hepp testi-
fed that his sister, Ida, returned home
March 5, carrying with her nothing but
a small grip. He first saw her in Shelly's
store and invited her home to dinner, but
did not accompany her and saw her no
more that day.
j. D. Antrim, liveryman at Gray,
stated that he saw James Cunningham
and Ida Hepp on their arrival at Gray
March 5.
Jimmy Alice stated that he was II
years old, and lives in Bradleyville. Last
spring he found the body of dead child
on the creek above the fair grounds
about two feet from the water His
brother was with him. They reported
to their mother and others. Saw the
child's feet first.
Clarence Alice, 16 years old, testified
to practically the same as his brother.
The child was naked but was covered
with weeds.
r. N. Carper, marshal of Audubon,
was notified on March 10, of the finding
of the child's body. H. M. Gray, E.
Baxter VIM. Dryden and DR.. Childs
went with him to where it lay by the
creek northeast of the fair grounds.
The child's mouth was wounded, one
ear gone, two toes gone and a wound on
the head. The body was taken to DIR.
Childs' office.
VIM. Dryden, the liveryman, told of
accompanying the party and seeing the
body. Remembered the wound on the
head.
j. F. Frazier stated he had taken the
photographs of the body which were ex-
hibits l, 2, 3 and in this trial and that
they were as nearly correct as could be
made.
E. Baxter testified to being on the
coroner's jury and told of the fracture of
the skull.
Court then adjourned till Friday
morning.
Friday morning DR.. Cannon testified,
identifying and of the photographs
as fairly representing the child born at
Atlantic to Ida Hepp. Said he was call
ed and clrcumsized the child to give it
relief. On cross examination recognized
the pictures as those of similar hair
Tipped child.
DIR. Morton, the lady physician, said
she attended at the child's birth. De-
scribed the child as long and fair with
hair-lip. Examined photograph exhibits
and said l, 2 and 3 were very natural.
She was positive they were pictures of
that child.
Miss Ida Hepp testified she was %
years old. Lives two miles west of Gray
with her brother Charles Her narants