The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1903-05-17
WILL RE TAKE
WITNESS CHAR
Question Uppermost in John
CumminS' Trial
DISPOSAL OF GIRLS BODY
Mrs. CumminS Finishes Her
Testimony
DISPOSAL OF GIRLS BODY

that was often heard around the court
room Friday. At the last trial he did
not testify Under the laws of Kansas,
q man who is charged with crime need
not take the witness stand and if he
does not do so, the attorneys are not
allowed to refer it in any way in arguing
the case TO the jury, and the judge IS
required to instruct the jury that they
cannot consider against him in any man
ner that fact that he has failed to testify
In his own behalf. At the last trial John
Cummins took advantage of this privi-
lege and remained silent. To those not
charged with the duty of rendering
verdict in the case, this is one of the
strongest points against the defendant.
There is no reason for a failure to testify,
SO far as trying to shield Mrs. Cum
minis is concerned, because If he said that
he had nothing to do with it and she
committed the murder without his help.
he could not be made to tell il again in
q case against her. If the real facts in
the case are in his favor he would GO
on the stand and tell them, because, as
the testimony stands now, the case looks
very badly for John. The boys do their
best TO help him out, but do not stand
cross examination well, and make their
prejudice very plain. The fact that they
can remember the details of the fight
with such Gistinctness shows badly
against them because there was nothing
TO attract their attention to the incident
for several years and they are not so
well posted as to any other crap" the
family ever had And quarreling seems
10 have been the favorite pastime of the
Cummins family. Jurors will dislike to
convict John Cummins on the testimany
of a woman admittedly insane on at
least one subject and while they will be
instructed they must not consider against
him the fact that he does not testify in
his own behalf. yet it is hard for jury
man to avoid giving such a matter con-
sideration, and shrewd lawyers put their
clients on the stand unless there is much
TO fear from the discrimination. If
Cummins takes the stand he will be
compelled to go over the narrowing de-
tails of the night when he dragged the
body across the field TO its lonely grave
in the hollow; the time he dug it up and
hid il in the straw stack and several diff
ferent things that will make the flesh Of
the jury creep" Not many believe that
he will lare to take the witness stand
Mrs Cummins finished her testimony
Yesterday. and was excused about eleven
in the morning. She told of the inten-
ton to burn the body in the straw stack
and then of Johns decision to bury the
body for year, for fear that the fumes
of burning flesh would attract attention
and reveal the crime. She told of seeing
him go to the smoke house with the
wagon sheet TO drag the body to the
hollow. She told how he plowed over
the grave to oblterate the traces and
how she afterwards found him blowing
I'D the path made through the weeds
nv the body. The weeds were brittle,
and broke down as the heavy weight
was dragged over them. They did not
straighten up again. and it left plainly
marked path which haunted and annoyed
John. So he plowed it up. She told Of
the resurrection of the body about a
wear later and how il was placed in
corn shock for about a month and then
burned in a straw stack. The bones not
peiny entirely consumed those not burn
ed were gathered up and placed in the
Kitchen stove. After the murder John
bitten begged her not to tell on him and
and she promised TO keep the secret But
i,ster she became worried lest he would
some time try TO fasten the crime on
her and she asked for the confession for
her own protection.
After Mrs Cummins left the stand,
Tom German was called by the state and
testified that one day, not so very long
after the girl disappeared. he asked Cum
minis what became of her. Cummins re-
piled that he had taken her TO yelling
ton and dumped her out on the streets.
Adam Stultz was the next witness call
ed by the state and he testified that he
had heard Cummins talking to some men
and in the conversation Cummins admit
Ted that he was responsible for the girls
death.
c,bsrlfa shaver was called and testi-
aed that when he went 70 arrest Cum
Minis John said that ne was glad 10 he
arrested because he had lived in such
misery for three years He said that he
was better able 10 stand the punishment
than any other member of the FAMILY
Calm gthe boys TO him he kissed them
toI dthem he would leave the farm m
their charge. then went with the sher7n
and party TO the carriage and drove to
Wellington and 10 jail.
H \. Lopez and J. NJ. Ready told about
the same, story Shawver did. they being
with him when he made the arrest
Drs Morgan Martin and F. G. Emer-
son were called and gave expert opinions
as to the cause of death and the state
was through
There was q good deal OF sparring be-
tween the attorneys and several consul
taticns with Judge Swarts before things
got 10 running smoothly this mornirE
The first witness for the defense was
Oscar Cummins. sixteen-year-old son. He
IS very strong partisan Of his father.
and the cross-examination by Judge Nc
Bride was very Severt. The boys recol-
lection on some things was little less
than remarkable, while his mind became
very letharEic when some other things
were brought 70 MS attention He told
the Jury that about the next day Anna
Dishman was brought 10 the house. Cum
minis wanted her taken home He SEEM
ed TO have formed a dislike for her At
once. He said IL was not long until Mrs
Cunmins was beating and InlstreatinS
the girl, and he. his brother and father
insist that she send her home or cuh
beating her. he testified that there had