Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1901-03-12


got up
Did McKinstry say anything to you
about avoiding trouble?" asked Mr.. Cot
ter
Il do not remember"
Were you all eXcited?"
None of us except Cunningham"
Did you see Cunningham pull the
knife?'
Yes, sir: he pulled it from beneath his
coat with his left hand. AS fired my
sister screamed"
The defendant was then asked some
questions about the assault made by
Cunningham upon his wife on November
so. at which time he stabbed and cut her
ten times Felker said Cunningham
had come to his room on the night of the
stabbing and remarked: They must be
bushouse up there. They tried to kill
me-" He also said Cunningham told
him he thought he had killed Mrs. Cum
ningham and that he had better go up to
the house. Felker said he had taken a
hack and driven to the house. On arriv-
ing there he had found his sister in bed
and two doctors attending her.
Did you have any trouble with Cum.
ningham when he called at the house o.
the UaN DeIOre tne SnoOtluS
No: not bit"
Relative to the statement attributed to
McKinstry to the effect that after the
shooting he shook hands with you and
made a remark. Is it true?
After the shooting McKinstry shook
me by the hand and said: You did
right, kid: you ought to have done it
long ago.
Did you hear McKinstry say on the
witness stand that after shooting Gun.
ningham you pulled the body over on the
fioor?'
Yes. sir.
rs that statement true?"
NO. sir. l did not touch the body un-
til after mother told me to remove it
from the presence of my sister. I then
took the body into the parlor.''
Re alive to the knife. when did you
next see it after the shooting?"
Il next saw it on the edge of the bed.
picked it up and laid it on cushion
and later on found it on the floor be-
side the bed When I picked it up
showed it to MrKinstry and said: See
what he had. ~
Did you say to McKinstry after the
shooting: Jack often made fun of the
old gun. but it did its work just the
same
Il do not remember having made such
a remark
On cross examination the defendant
was questioned closely on all of the chief
points,
Relative to your business. did you ever
conduct a game of faro?" asked the
attorney.
NO. sir"
Did you deal faro for a man down
town."
Il tsn you don't know what the game
of faro is"
How long We're you idle before the
kil,ing?"
about four weeks
Did YOU make a proposition to Cum
ningham at the city Jail to settle the
case against him.
Il don't remember. Cunningham was
nervous and so was l.
Did YOU afterwards visit Cunningham
in the county Jail and ask him for mon
ey to settle the .case?"
Il visited him. but do not remember
having made any overtures to him. we
talked about orders for groceries he had
issued and which were not honored. l
also said something to him about his
wife and my mother taking trip for
their health and told him thought such
a trip would cost about $1,000"
Did you state in the presence of Ben
Parkinson, that if you had him outside
you would soon settle with him." .,
Il never made any such statement.
had no hard feelings against Cunning
ham, q.
Felker was shown several notes and
asked if he had written them. but he
would not say whether he had or had
not. He admitted that the penmanship
looked like his and thought he might
have done it, but would not be sure IN
Felker was the last witness for the
defense, but there We're a few rebut-
tai witnesses who We're placed on the
stand. One of these was j. H. Sloan, who
Intended to tell something about the gun
deal at the Cash lodging house, but was
prevented from doing so by the defend
ants attorneys.
Another was Miss Anna Anderson, a
dressmaker at 81 West Broadway, who is
said to have heard Mrs. Higgins, one OF
the witnesses for the defense, say in
her presence that Felker would never
go to the penitentiary and that they
would send McKinstry to that institu-
ton for five years. Mrs. Higgins denied
this allegation on the witness stand, and
Miss Anderson was called to testify that
she did say it.
DO you know Mrs. Higgins, a witness
in this case?"
Yes. sir. Since January %, on which
date she came to my place."
Did Mrs Higgins. on or about Feb.
ruary >, talk to you about this case?"
Yes, SIR"
She was then asked the nature of the
remark credited to Mrs. Higgins, but
before it was answered an adjournment
until o'clock was taken,
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