Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1901-04-09
apr6.S,9, 10,ll

Cunningham during the evening.
/ Cunningham was watzing with Cora
and both fell down. Smith was angry
and he and Cunningham had some
words. but he saw no blows. He did
/ not think that either party was intoxi-
Gated.
| Before placing Mr.. Cunningham on
the stand. Mr. Sheldon asked the wit
| ness a few more questions. In answer
! to Mr.. Sheldons questions Mrs
Whitman admitted that Smith was not
her husband. Smith refused 20 answer
any questions as to whether he had
ever been in prison or not Said he
went to Tocus as a friend Of Cora.
Mr.. Cunningham when placed on the
stand testified clearly and conlisclv as to
what occurred ana made a very good
impression on those present lie said he
saw Cora on Saturday about : r. NJ. for
the first time after her release from
Thomaston. She told him she should take
possession OF his place that night. for
which he was paying rent to Rose Car
son. He objected to leaving. on so short
notice. lie told Of her apology in which
she said she had been drinking when she
ordered him 10 leave. He told her she
could have certain goods in his posses
sion, but made no mention that she could
get them in the evening. He then told
of meeting her a; Mr.. Polloch's where he
said that not only he but the man with
the peg leg (mcaninS Mr.. Pollocix) danced
with Cora. He told of the fan ana of
blows from Smith. IN a short time he
went home and alter he was asleep he
was awakened by his dog. ana IN short
time someone knocked con the door. He
paid no attention. They knocked thrca
times wncn He Knowing VINO il was told
her that she could not come in. She then
m1uc use of some vile language the sub
stance of which was that she and Smith
should drive Mr. Cunningham out and
take possession. and almost Immediately
she kicked a hole through the window
He fearing for his life and property load
ed his gun with powder only. While he
was doing this Cora aidsd by Smith was
trying To affect an entraHCe., Her feet
We're already through che window when
he. intending to scare them. fired the gun
over their heads, or that was his intcn-
ton.
He was very positive that he placed no
shot in the gun and was equally positive
that ii was after II O'Clock when they
came to his house. He showed that he
had plenty OF time in which he could have
killed both Of them If he had wished
either with the loaded gun or with the
gun a club but such was not his wish.
He knew of COra'S criminal record ana
had heard some thinguat the same kind
concerning Sm..I that he only used
the gun under stress of fear for life ana
property. He said that he had desired an
Investigation and had told Deputy Sheriff
Ames that he would remain there and
he could find him al any time If he
wished. Cunningham insisted strongly
that he did not open the door at all The
coat worn by Smith at the time was then
examined 10y the judge and Mr.. Shell
don.
Mr. Sheldon then made a strong plea for
Mr. Cunningham. He took up the cvi-
dence of Mrs Witham regarding the hat
in which he claimed that she had clearly
shown that her evidence was false in re-
gard to the hat and If her evidence in
this was false why not all of her tvi-
dence If her story was false then il was
fair to suppose that the story as told b.
Cunningham was true. He claimed thar
even if there had been shot in the gun
and he had even killed this woman ne
would have been justified. He arralSned
both Mrs. Witham and Smith in scath- .
ing manner. He spoke OF their criminal
records in Il way that must have MADE
them vince. At the close of Mr.. Shel-
don's plea Judge Andrews summed up
the case in Il manner very iaNordDle 70
MIR Cunningham whom he commented
for his attitude since the shooting III
which he had wished for an Investigations
but he felt that in IA matter of this KIND
n municipal Judge should not give the
final decision, so he bound Mr.. Cunning
ham over for the September term Of