The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1904-12-21

ing the examination by M. f. Laycock,
stenographer in the county attorneys Of
flee.
The stories told by Cunningham and
his wife did not tally in many respects
and in important matters they told en-
tirely different stories.
Sheriff Lucas has received informa-
ton from the WoodSon hotel at Yates
Center that Cunningham and his wife,
or some one answering their deScrip-
ton, stopped there for breakfast at 8
o'clock Sunday morning, November 20,
and registered under the name of j. L.
Hudson and wife,
The Cunninghams left Yates Center at
nine o'clock. They took dinner at Cha
mute and supper at Coffeyville.
The most important variance of the
statements of Cunningham and his wife
are as to their movements the night of
the taking of the automobile from the
garage IL Topeka, which was the same
night that Mrs. Nickum was murdered.
Cunningham tells one story and his
wife another. What they did tell the
officers will not divulge but admit that
the stories do not tally. The informa-
tion Lucas has as to their whereabouts
the night of the murder is that A. G..
Goodwin and Frank T. Stevens saw
them about nine o'clock Saturday night.
The next evidence as to their where
aboutS is that they were In Yates Cen
ter at eight o'clock Sunday morning.
The distance to Yates Center, by
drawing a direct line on the map, is so
miles By wagon road it is estimated
that the distance is about 100 miles.
The Nickum murder was discovered
at two o'clock in the morning of Sun
day, November 20. Between two O'Clock
and eight o'clock six hours elapsed. An
driving from Topeka to
Yates Center between two and elgnt
o'clock would have had to average II
miles an hour.
Average of IL Miles.
Edward D. Osborn, an expert automo-
bilist, Gays that on the road an automo-
bile such as the Franklin car stolen and
driven by Cunningham, could readily
average II miles an hour and that an
average of 20 miles an hour would be
possible
Cunningham is an expert automo
bilist. He is a daring driver. He had
just driven over the road between In
and Topeka. The roads
were in excellent condition. He was
with good lamps and believe
that he could have averaged 20 miles an
hour and 1 would be willing to allow
him an average of II miles an hour
without question: said Mr. Osborn.
There are many things to be taken
into consideration. Among them the
number of teams to be met and another
IS what thought the driver has for the
ear. AS the automobile did not belong
10 Cunningham he would put the ma
chine through and not care how much
ne racked it."
Not long ago several Topeka automo-
bilists made a run Of 81 miles in two
hours and forty minutes, averaging twen-
ty miles an hour.
Cunningham has a lengthy criminal rec
0rd Sheriff Lucas has photograph OF
Cunningham taken by the Chicago police
before he was sentenced to the Joliet PEN
tentiary.
The Bertillon description of Cunning
ham. made by the police department of
and recorded on the Bertillon |
eard with Cunningham picture, is as
follows: Mustache, complexion fair, |
weight 135 pounds build stopped; eyes cir |
lie hazel. Three moles on right cheek |
scar on back of head. Small blue cross |
,ront forearm. Names M. j. Ferrand and |
Eva James" tatooed on front forearm. The |
3ertiIlon measurements are also given
Ferrand's record is given as follows: |
0ne year Columbus, o., penitentiary for |
horse stealing. Released December, 1887
One year Joliet, Ill, penitentiary for
'orgery. Released January, 1889.
Sentenced to seven years in Joliet pen |
tentiary. February, 1881, for obtaining a I
500 cloak from Mandeu Bros, of Chicago /
lnder false pretenses. Under the Illinois |
abitual criminal law the third convic- /
ion for a crime means a seven year SEN |