Audubon Republican. [volume] (Audubon, Iowa) 1894-1925, 1898-12-29
THE MURDER TRIAL is ENDED
Cunningham's Fate is now i'm the
Hands of the Jury.-They Had
Reached No Verdict at D. m.

The famous Cunningham trial is at
last ended and the fate of a mans liberty
and even his life is in the hands of
twelve men who are now celebrating
upon his guilt. For two weeks these
twelve men have patiently listened to
the testimony of many Witnesses as
they responded to the questioning of
sklllful attorneys, and to the elaborate
and eloquent pleading of counsel. HAY
ing full hearing of the case. observing
the defendant for several DAYS in court
hearing him tell his own story, and then
rejecting on it all, they are as well quail
lfled as men can be to arrive at an honest
and Just decision. We hope they may
Judge righteously. They have on them
a serious responsibility They have a
duty to society and to the state from
which they cannot honorabIy shrink.
Monday at 5p. IN. County Attorney
Brainard commenced his argument TO
the jury and yesterday at 3 D. m, Mr..
Wonn closed the argument. Mr.. Brai-
nard spoke two and one-half hours. Mr..
Mosier three hours, Mr.. Salinger four
hours and Mr.. Wonn three hours. Their
arguments showed great familiarity with
the case and much ability. The case
has indeed been we'll handled on both
sides.
Mr.. Brainard devoted himself princi-
pally to review of the testimony. an
analysis of it and consideration of the
credibility of that given by the different
witnesses. He argued it devolyed on
the defendant to give an account of the
child as it was last known to be in his
possession when alive. He claimed it
was clearly proven that the body found
near the fair grounds was that of this
child, The testimony showed the de-
PENDANT had opportunity to leave it
there. He referred to defendants re-
marks in Jail, also reviewed the medical
testimony. He doubted the existence
OF such a woman as the one TO whom
defendant claims to have given the child
The only otfense of the child was its
existence and it had not the strength to
defend itself or plead for life. This
defenselessness added to the enormity
of the crime. ..
Mr.. Mosier spoke of the Importance
OF this trial to society. He drew atten-
ton to how the evidence showed that
defendant was kind and careful of Ida
Hepp and her child, caring for them
carefully, and of his kind dispositicn n.
He claimed if defendant had wanted to
kill the child he would not have come
back to Audubon where everybody knew
him and do the black deed here and in
mid day, but would have done it at At
lantic where he had opportunities plenty.
He pointed out the responsibility of a
jury and the danger in imposing the
death sentence on Innocent parties.
During Mr.. Mosier's speaking as we'll
as during Mr. Salinger's speech the de-
PENDANT who had maintained through
out the trial sturdy stoicism, COM
pletely broke down, and he and his
mother and sister cried repeatedly as
they fully realized, while their eloquent
advocates were speaking, the close brink
of death upon which the defendant was
standing.
Mr.. Salinger declared there was no
place among men for the man to live
who killed that innocent and defenceless
babe. He carefully analysed the tcstl-
mony and severely criticised several
witnesses of the state who he thought
did not tell the truth. Speaking of the
medical testimony he asked why the
state had to pass by the authorities and
experts of Iowa who are known here and
bring an expert here who is unknown.
With the uniformity of testimony of the
medical profession, except DR.. HALEY,
and with the fact that death stiffness
comes few days at most after death
and never comes second time, and
that this body was limp when found and
was stiff when taken from the grave, he
declared it could not have been dead
two weeks as claimed by the state. He
closed by exhortirg the jury to b. care
fu and not find gull y an innocent man