Audubon Republican. [volume] (Audubon, Iowa) 1894-1925, 1899-01-26
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NASH & PHELPS.
Cunningham Sentenced.

We went to press last week just as
the arguments for new trial in the
Cunningham case were being made to
Judge Smith. Mr.. Salinger presented
his case learnedly and eloquently. He
commended that as the evidence failed to
show the murdered child was the one,
James Cunningham-Hepp, mentioned in
the indictment, that the court erred in
instructing the jury that this failure was
immaterial. He also argued that the
court erred in instructing the jury
that they could find for murder
in the first degree, second degree,
or manslaughter. He admitted
there might be motive and claimed then
that the verdict should be murder in first
degree or acquittal. For these and other
reasons he claimed new trial should be
granted. Mr.. Mosier followed with
claim OF improper argument on the part
OF the counsel for the state.
These arguments were concluded at
about $3.50 p. m. and Judge Smith pro.
ceeded to reply to each point made by
the attorneys for the defense. He claimed
that there was NJ dispute that the MUIR
dered child was the bastard child born
ut Atlantic. He claimed il was not
predjudicial to the defendant even il
the indictment failed to properly name
the child. After carefully answering
each point he over ruled the motion. He
then called on the defendant, James
Cunningham, to arise. Cunningham,
who is little hard OF hearing, hesitated
and was prompted by his counsel. He
then arose When asked by the judge
IL he knew of any reason why judgment
should not be pronounced he smiled and
said something indistinctly about not
realizing just what was wanted. Judge
Smith then said he had no desire to add
to his punishment by saying any cruel
or harsh words. He then sentenced him
to twenty-five years confnmeut at hard
labor In the penitentiary at TT Madison.
During this time solemn stiffness pre-
vailed in the room, The prisoner failed
to show any emotion. He evidently
expected about that sentence. Friday
evening Sheriff Jones took him on the
Rock Island. Quite u large crowd,
mostly boys, was at the depot. Except
some following by them, there was good
order. Not many hours later Sheriff
Jones turned him over to the keeping Of
the warden.
BY good behavior the sentence can be
shortened to Ii years and 8 months,
almost one. half. We think the prisoner
is about thirty-two years old and this
will make him about forty six, almost
an old man. OF course il there was
absolutely no doubt OF his guilt this is
a light sentence. IL he is innocent it is
heavy. On this subject some mystery
rema ne. The prisoner stoutly refused
10 make any further admissions than
were made on the stand except that once
he said he was not the only one TO
blnme.
To the people Of Audubon county the
prisoner stands as "A guilty man for a
jury compos d Of twelve good citizens,
he ring all the evidence, found him 80.
II is hoped that his punishment, that
will blot out the best part of his life,
will not only benefit him but will have
d re training effect OH society. The case
has been an expensive one for the peo-
pie of the county. bnt it is hard to avoid
II big expense in such cases. Indeed
proper conduct of such "a case neces.
States considerable expense Through
out all the trial expressions OF sympathy
for the prisoners relatives have been ex-
pressed. They are good people.
Fred Sunbeig returned yesterday
from the north part Of the state where
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