Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1901-03-09
PHYSICIANS AND UNDERWRITERS
TELL OF CONDITION OF CUM
NINGHAM'S BODY.
EXCORONER BROWN
TELLS HIS STORY.
Testimony Relating to Conversations
Had With Felker Prior to the
Murder.

All or the testimony ldNSii SSHtNiUs'S
III the trial of the ease OF the state
AGAINST l.. l.. Fell>er. charged with the
murder of John c. Cunningham on De-
cember Il, WAS strictly preliminary, nav
ing no bearing whatever on the actual
commission Of the deed. \ diagram OF
the interior OF the house in which the
tragedy occurred was first suhmitted
then followed four photographs of the
body of Cunningham taken at the
morsue. one Of which was rejected on ac-
count of an inperfection. The testimony
OF the undertaken that handled the body
came next. and then the physicians who
examined the wounds told their story.
Or. 4. p. OLeary was under fire when
court adjourned for the day and was
there when the session opened to-day.
He said he could not determine the re-
lative positions of Felker and Cunning
ham at the time OF the killing. The
wound in the back. he said, was not
deep and might have been made by Cum
ningham's body coming in contact with
some sharp instrument in falling. This
wound was only quarter or half of an
inch in depth.
Daniel Brown. who was acting as cor
oner at the time of the kill ng, described
the condition in which he found the Fell
ker-Cunningham premises when he ar
rived there to take charge of the body.
He identified a dagger and revolver as
weapons exhibited to him as particip-
ants in the tragedy. When he arrived
at the house he founu there Mrs. Felker
Mrs. Cunningham a nurse and one Nc
kinstry. Papers taken from the body
of Cunningham by the witness We're sub
mitted in evidence. While Mr.. Brown
was identifying them the court asked the
object of their Introduction and was told
by the prosecution that they We're to be
used in laying the foundation to show the
motive for the crime.
The witness further said he had ex-
amined the walls of the rooms to see if
he could find any bullet holes. but the
hunt had revealed nothing in the way Of
fractured framework.
John Barnes, teamster residing in
the vicinity of the Cunningham house
said he had met Felker in his front yard
shortly after the shooting and Felker
had said to him. Il don't think you
will have to watch the house tonight,
as l have just shot Cunningham. He
came to the house and drew a knife on
my sister and I emptied my gun into
him." Barnes said he had then gone
over to the Cunningham house and found
there two women and a man alive and
Cunningham dead. A dagger was lying
on the corner of a stand. Barnes said
that when Felker entered his yard and
told him he had shot Cunningham he
asked Felker if the shots We're fatal To
this the defendant had answered he did
not know, but he thought Cunningham
was dead. Felker he added, kept walk
ing down the hill Barnes was sho-sn
some questions asked him at the coro-
ners inquest on Cunningham body and
his answers to them, but he had very
faint recollection of either. Asked if he
had not then said Fel1er had told him
that Cunningham had pulled the knife
on him instead of his sister, he said he
believed he had said the sister,
On cross-eXamination Barnes said he
had been watching the Cunningham
house at the request of Mrs. Cunning
ham.
Charles G. Kohl the attorney, gave
testimony as to conversation he had
With Felker prior to the killing. Mr.
Kohl said he had been engaged as one
of the attorneys for Cunningham in
the case of the state vs. CUNNINGHAM.
When the latter was charged with as
sault in the first degree on his Wife
F'elker had entered his Office to talk the
case over with him. and in the course
OF his remarks Felker had told him
that all lawyers We're liars and he did
not believe him. Kohl said he resented
the insult, and told him if he did not
go out he would throw him out, where
upon Felker said he would go without
being thrown. 'Felker went into the
hallway" said Kohl, land said some
thing more, and I told him I wou,d
put him down the stairway. One of
Felker's remarks was: If we could
get $500, it would be a good thing for
some people to leave the state for their
health l thought he had reference to
proposition to have Cunningham give
Mrs. Felker. the defendants mother,
and Mrs. Cunningham. his wife, the
money so they would get out of the
state. Felker then went downstairs,
but afterwards returned and apologized
for his conduct
Harry Stevens a painter, testified to
conversation he said he had over
heard between Felker and Cunningham
in the county Jail. Cunningham was
then in Jail on a charge of having stab
bed his wife.
What We're you in Jail for?" asked
the county attorney.
II was put in by a. friend to sober
up
ITO get rid of the snakes?" asked
the judge.
yes. SIR was the prompt reply.
Stevens said he heard Felker say to
Cunningham: What about that mat
ter I spoke to you about in the city
jail-that comp" To which Cunning
ham exclaimed: HE means compro-
mise" Felker had then said something
about $4,000 for his mother. and the wit
| ness thought he meant that if Cum
bingham would put up the money for
his mother-in-law to leave the country,
the case against him would be dropped.
| Cunningham told Felker. said Stevens,
that he would not discuss the matter
there: that he had attorneys to attend