Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1901-03-11

identify some life insurance policies left
by Cunningham and made payable to
his wife, the object in introducing them
being to show motive for che killing.
An objection was made to the policies
on the ground that it had not been
shown that the defendant was in any
way interested in them, but it was
overruled by the court.
Samuel Shier testified as to the cor
rectness OF stenogra phic notes taken By
him at the coroner's inquest on the
body of Cunningham. and then Chas
G Kohl was recalled for further exam
ination. He said he was at the Cum
ningham residence in the evening OF the
18th Of December and heard CONVEX
sation that had then taken place be-
tween Cunningham and his wife
When Cunningham entered the house.
said the witness. Mrs. Cunningham was
quite reserved. but before he LETT the
were both quite friendly, AS he was
about to leave he said: Sadie. must !
come back again?' and her reply was.
Jack. | want you to come She then
threw her arms about his neck aud
kissed him." ~
This finished the testimony for the
state. and the defense opened it's hat
teries with statement to the Jury as
to what it would prove. 1t said #
expected to show that Cunninpham
mad assaulted his wife with knife on
November so. and that at me time h,
was Killed he had knife in his hand.
THE DEFENSE.
Mrs. Cunningham. the widow of Ma
dead man. was the first witness called
She said she had been married to Cr,.
nihsham seven years. ION the 14th of
december l was lying in bed as result
OF wounds on my body she said.
How many wounds did you hayeo"
asked Mr. Cotter
only ten modestly replied the wit
ness. One in the right shoulder blade
enc IN the left breast and eight on the
left hand
With what We're they innicted?"
"A knife
ION what date?"
November So
State what happened on the dav of
the shooting"
Jack came into the house and handed
me some flowers. l thanked him kindly
for them and we then talked for soma
time. Jack asked for some wine and nv
mother gave it to him. He wanted to
know If l intended to continue the prose-
cItlon of the case against him: l had ap-
Piled for divorce. Finally he asked the
others present, among whom was nv
brother. to leave the room as he wanted
to talk to me alone. My brother asked
me if he should go out and l told him no.
Alter While my mother put her hand
or Cunnlngham's shoulder and told him
to 60 as he had been there long enough
h1lC tNoV 4 how, =
reath the right side of his coat After,
the shooting the knife was found lying
on the floor
Mrs. Cunningham said she had heard
only one shot and had seen the knife in
Cunningham's hand after that shot. She
had never seen the knife before that time
As to Mckinstry. she said he had started
to leave the house at the time her mother
requested Cunningham to go. She fur
tier said She was afraid of her husband
and that is why she had requested her
brother to remain in the room.
The witness then told Of the assault
made upon her by her husband in the
same room on November 80 and also
spoke of the visit made by him on the
day before the killing. She denied hav-
ing thrown her arms around his neck at
that time, but admitted that her husband
had kissed her.
How many times did he assault you
during 1902 asked Mr.. Cotter
I'VE object to that" said the prosecu-
ton. ION the ground that it is no ma
te rial
the Judge.
I'VE ask the question simply to show
that on two previous occasions Cunning
+ cd fo Nd "a
take her life" said Mr.. Cotter.
Did you hear your broteher call Gun
bingham a d liar?'
There was no profanity used i'll thu
ROOM u
What did you say or scream to your
brother while the shooting was in pro-
gress or before the first shot was fred"
II did not say anything
Did you sit up in bed?"
mo. sir" a
who hit Cunningham on the head on
November 80 at the time he made the as
sault on YOU" n-
MY mother ..
What did your mother say to Cum
ningham at the time he entered the house
CT the day of the shooting?'
He said to her he thought she had an
aXOr a Ratchet and she replied that if
she had one of either on former Occa-
sion he would not be there them
Did you hear McKinstry say to your
brother after the shooting: Kid, you
cid right?''
Il did not hear all that was said. but
l thought I heard him :aIl my brother
he did right. I saw McK:nslrv shake
hands with my brothe-.''
On cross-eXamination Ms. Cumming
ham denied having thrown her arms
around her husbands neck and kissed
him when the latter called to sea her
on the 18th. She said she was not nee
essarily friendly towards him, but told
him he might call and see her again if
he so desired. She was shown a note
addressed to Cunningham and asked if
she had written it. She said she had
In the epistle she said she would see him
at anytime outside. Askei why SHE had
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