The Farmington times. (Farmington, St. Francois County, Mo.) 1905-1926, 1905-11-24
CUNNINGHAM ACQUITTED.
A Jury Of Twelve Men Declare He Is
Not Guilty Of Murder as
Charged.

The case of James w. Cunning
ham, which was begun in the Cir
cult Court at Pennington last Fri
day, terminated BY verdict of ac.
quittal at 4:25 O'Clock on Tuesday
Afternoon, the jury being out just
twenty minutes.
AS is well remembered, james
w. Cunningham killed Hon. Johu
Sherlock, his father in law, on
June LIST last by striking him on
the head with fence stick, crush.
ing his skull. The States theory
supported by a testimony of per.
sonal and circumstantial character,
was that Cunningham and Shear.
lock were bitter personal enemies,
this feeling growing out Of bust
ness and domestic relations; that
Shearlock passed along where Cum
bingham was at work on the day
before the killing MAY 3lst) on
the way to Esther and Flat River;
that Cunningham had reason to
believe deceased would return the
same way on the afternoon of the
day of the killing; that Cunning
ham had quarreled with his two
sons, Harry and Firman, the
evening before and the morning
of the homicide, aud said that he
had forbid Shearlock to come upon
his premises, and if he did they
(the boyS) would hear some.
thing drop" that defendant went
to the place of the homicide ex-
pecting and hoping that his enemy
would come along; that he did
come on his usual way home from
Esther, and seeing him coming
defendant hid behind a large dead
elm tree, and as Shearlock climbed
the fence Cunningham assassinated
him; that the position of the body,
the location of the tree and the
fence and the physical facts all
tended strongly to establish muir.
der in the first degree.
The attorneys for the defendant
set up plea of self defense, and
established by Cunningham. the
only living witness, and coro.
borated by others and the physical
facts, that just as Cunningham
had finished closing up u gap Of
two panels of the fence Shearlock
was seen by him in the act OF
climbing the fence; that Cunning
ham forbade him to come over on
his premises, but that ShearloCk
climbed over, and when over said
to defendant, Cd you, | see
have to kill you, and I'd rs well
do it now" and started toward
Cunningham, pulling his 3S-caliber
Colts revolver; that Cunningham
Jumped to the tree for protection,
aud seeing the fence stick grabbed
it, swung around the tree and dealt
tile fatal blow. The defense further
showed by the testimony of
witnesses that Shearlock bore n
bud reputation as Il turbulent and
dangerous man, and that he had
previously made dangerous and
desperate threats against the life
of Cunningham; that Cunningham
| had borne Il most excellent reputa.
! ton.
The instructions were in the
usual form for murder in the first
and second degrees. Prosecuting
| Attorney George NJ. Wilson, as
sisted by Jasper n. Burks and
Jerry b. Burks, represented the
State, while Madison X. Smith,
Benz. Ii. Marbury, Walter l..
llensley and Charles Randle repre-
scented the defendant.
An unusual thing occurred just
after the verdict of acqulttal was
returned-the singing of the dox
ology, Rev. Van b Cunningham
brother of the defendant, leading
the singing
The trial jury were Daniel O'Sul-
livan, II. Il. Evans, j, f. Hinkle,
Gland j. Hill, Richmond Cole,
John Mullen, Joseph Banks, AL
bert Belkin, David Painter, j. il .
Lupke, G. w. Sanford and Chas
w. johnson.