Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1901-03-12
SAYS HE SHOT CUNNINGHAM TO
PROTECT THE LIFE OF
HIS SISTER.
THE MURDERED MAN
HAD DRAWN A DAGGER.
Felker Served Three Years in the
United States Navy and Was
Good Shot.

John c. Cunningham. his brother-in-
law on the i4th Of last December was
resumed in Judge Clancy's court this
morning. hut when the noon hour ar
rived all of the testimony save little
rebuttal had been submitted. This
means that the jury stands chance
of getting the case this evening, but
still it all depends upon the time the
attorneys consume in making the argu-
ment.
At the first session of the day Felker
told his story of the affair, and his
manner from start to finish showed him
to be a youngster possessing more than
average nerve. Among other things he
swore he had shot Cunningham to pro-
tect the life of his sister. which he be-
lieVed was about 20 be taken by Cum
nngham. who had drawn a dagger
from beneath the folds of his coat and
was on the verge of plunsing it into
the body of Mrs. Cunningham. who was
lying in bed as a result of wounds in
f1cted upon her by Cunningham two
weeks prior.
Felkers testimony also showed that
his early training as gunner had not
been neglected. as he served three
years in the United States navy. His
story IS as follows:
Il am % years old and have lived in
Butte since last August. l came to
Butte from Tacoma. Wash OF late l
have been studying electrical engineer
ing, but for three years prior to tho
time l took up that work l had been in
the navy. being on the L. S. S. Mon
terey. When l left the navy, which
was about year ago. l went to Ia
coma. and after firing OF that place.
came to Butte. / had known John c.
Cunningham about six years. He had
lived in our house in Tacoma. Last
August l met him here. Before I came
to Butte our relations We're very friend
ly. He sent for me while l was in
Tacoma, and when I came here l went
to work for him as a clerk in the Cash
lodging house. I was in charge of the
house during his absence in the yell
lowstone park last fall. His wife and
Josie Martin, his sister. were with him
on that trip. They We're gone about
five weeks. About four months ago l
quit the lodging house because l tired
of the position, and Cunningham told
me he would get me a job in the mines
if l wanted one. On the 14th ofDe-
cember l saw Cunningham at the Cash
lodging house. 1t was about 10 o'clock
in the morning. l had an old gun there
and l called for it. 1t was a relic J.
had secured from the T. S. S. Hartford
at Mare island; it was an old cap and
ball weapon. 1t was broken and not
in condition to be used. He gave me
the weapon and l went to my home
near the Big Butte. While at the lodg-
ing house l asked Cunningham if he
intended to visit his home that day.
and he said he did not know and want
ed to know why I had asked the ques-
ton.
In answer to his why told his his
wife did not want to see him unless Twas
there. He told me ii l desired to be
there l would have to be on deck about
II O'Clock. l arrived home about II
O'Clock and later on Eddie, Cunning-
hams 5-year- old boy, called me tn 60
rabbit hunting with him. I put a aS-
calibre revolved in my pocket and we
stepped out at the rear door. but Just
as we did SO l saw Cunningham and Nc
kinstry coming up .he hill. | then went
back into the house and ga: down on a
sofa in the bed loom OF my sister
Cunningham and McNinstry came in
and sat down. Cunningham taking Il
seat on the bed. The former had some
flowers and two cans OF fruit. Cunning
ham began to talk To mis- wife, the sub
ject having referen e 20 tie manner in
which the business of the lodging house
was being conducted. He stopped over
and said something TO her. but the only
word l heard was prosecution Just
before that he had asked lis all to leave
the ROOM as he wished TO speak to his
wife. l asked his wife if l should go
and she answered no. Cunningham had
said something about breakfast while in
the hONSQ hllf I 1f know w
what it was. He asked for some wine
and mother told him ne had better not
have any as he knew tie effect it ,vcui !
have on him. She gaze him .he wine
and some cake. After drinking one glass
of the liquor he poured out some more.
He had changed his position from the
foot to the head of the bed, but at the
request of my mother he shifted to a
chair. After the cake and wine had
been disposed of mother told him to 60
as his story had been too long already
Mckinstry got up an | pat on his over
! coat preparatory to going. but as Cum
bingham did not start ne sat down
again Both started Ia go twice. Sud
denly Cunningham Sid to me: Lew
you have been tryin.; to break up my
| family or words to that effect and
answered.: Jack. you are lying I am
not 1t was not true that l had beer,
trying to break up his family relations
Had ! been engaged in any such wori;
I could have told lots OF things but
kept them to myself. When ! told him
he was lying he pulled diri; from he
meath his coat and sho: him. | had the
gun in my right coat pocket. He Was
nervous when he drew tina knife
took no aim at him at ALL intende i
only to shoot his arm. I did not inienf
I lin Ii
| have been very sorry for it. T tired
! however. to protect my sister whose liz.
! believed to be in danger. as Cunning
| ham had ATTEMPTED to Kill her before
! He always carried knife and knew
| he would use it. When my mother told
Cunningham to go she was not angry