The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1903-02-18
GOING 70 THE JURY
Instructions in Cummins Case
Favor the Defendant.
ARGUMENTS OF COUNSEL
Mr. Elliott Gives a Hot Roast
ing to Mrs. Cummins.

Wellington, Kan, Feb. 17.-Judg
Swarts instructed the jury in the Cum
minis case at o'clock this morning, an,
the argument Of the case was opened b.
Malcolm Mcdonald, deputy county attor
ney.
Lawyers not interested in the case sa,
that the instructions inthe case are very
favorable to the defense. Murder in thu
second degree and manslaughter in the
first and fourth degrees are defined. The
jury is advised that they are trying Johr
! Cummins on the charge Of numbering
! Anna Dishman by striking her with q
| broom, charged In the information
and that they must believe that this
blow was the cause of her death and tina:
| the blow was delivered with malice and
| intent to effect her death. else they can
not convict John Cummins of murder.
[ They may consider what happened after
ward only as circumstance to prove NAL
| ice His miding and burning of the body
of the girl is a separate and distinct Of
Tense from that charged in the informa-
| ton. They must believe beyond reason
able doubt that the girls death was eff
cannot convict Cummins of manslaughter
in any degree. @so~.
They must not take into consideration
what was done afterward. and even if
they believe that the neglect to send for
a doctor was the cause of the girls death,
they must acquit.
In opening the argument Mr.. Mcdonald
contented himself with a very brief review
of the case. and left it for County At
torney Wilson to make the closing argyll
ment.
Cleo Burnett, for the defense, followed.
1t appears from the argument that the
main dependence of the defense to secure
acquittal is the testimony of DR.. Splitter
who gave his opinion as a physician that
the blow of broom upon a sore such as
was described on Anna Dishman's head
was not sufficient to have caused death.
and that the opening of this sore and let
ting out of pus would be beneficial rather
than injurious. The defense had Dr. EN-
erson called to rebut Spitler's testimony
but his opinion rather strengthened than
weakened the testimony OF Splitter.
Another argument limited at by Bur-
rette is that som ething must have hap
rened to the girl Saturday night after she
was left alone with her mother washing
dishes The inference he would have the
jury draw is that Mrs. Cummins gave the
girl another beating the night before she
died, and that it was this which caused
her to die 1t was pointed out that the
girl had gone about her duties washing
dishes. etc. all week from Tuesday morn
ing when the blow with the broom was
struck until Saturday night when the
Toys saw her washing dishes and testified
that there was nothing unusual in her ap-
pearance and that she had not complained
of the wound on her head. All in one
night the swelling developed like mush-
room and within few hours the girl was
dead.
c. f. Elliott, for the defense, made
brilliant speech. centering some brilliant
burning invective on the defendants
wife. He called the attention OF the jury
to the fact that she had voluntarily and
vindictively informed against her hus
band. and that after she was on the wit
ness stand he asked her If she was aware
that wife was not required to testify
against her husband. She had been told
so by the county attorney, and said she
was willing, crying out that she hated
him. After dwelling upon the mistreat-
ment the girl had received at the hands
of Mrs. Cummings, Elliott would turn
from time to time to the instructions of
the court, emphasizing the advice of the
judge that if the jury did not believe
beyond a reasonable doubt that II wak
the blow of the broomstick which caused
the death of Anna Dishman they must
acQuit the defendant.
1t looked for while just after dinner
as II the case would have to be aban-
doned. One of the jurymen, E. o. Rec
ord of Caldwell. became very sick while
at dinner at the Arlington. L. E. Bar
bour of Wellington was also under the
weather. Record was taken TO the court
house in cab. and 1t is hoped he can
hold out until the case is finished.
A verdict is not expected very soon.s