The Birmingham age-herald., 1906-12-09
''FROG" FOSTER IS HELD FOR MURDER Coroner Investigates Death of Marshall Cunningham ENSLEY PARTY OFF ON HUNT Amateur Play, Alabama" Will Be Presented During Present Month.
 Personal and General
 News of Ensley.
ENSLEY PARTY OFF ON HUNT

". D. Parish and the jury empaneled by him on December for the investigation of the murder of Marshall Cunningham, colored which occurred on Saturday night, December 1, held their inquest at the city hall this morning at 10 o'clock.
 After hearing the testimony Lee White, foreman of the jury, read the verdict, which recommended that a warrant be issued for Walter Foster, alias Frog Foster charging him with murder and as having committed the crime.
 The warrant was sworn out before Jus tice of the Peace J. M Donaldson, be- fore from the defendant will be given preliminary hearing. Previous to the in- quest Foster had been held in the city jail with the charge of murder against him on the police docket.
 Eleven witnesses were introduced by the state. The defendant who was rep resented by P G. Bowman of Birming ham, introduced witnesses.
 Star Witnesses.
 The star witnesses for the state were Albert Foreman and Lonnie Woods, the two young negroes who were arrested at Talladega on Tuesday night in connec- tion with the crime, and who at first il was thought had done the killing. Mar shall Cunningham, the deceased, Lonnie Woods, Albert Foreman and Walter F os- ter, the defendant, were known to have been together on the night of the mur- der. They were playing pool in the sa- loon of A. J. Odom on Avenue c, and while there it was shown by the testi- mony that a quarrel had ensued between the deceased and the defendant. That later this quarrel was renewed about 1 o'clock in a locality west of the steel plant, and that at a remark made by the deceased concerning the cause of the trouble, the defendant had sprung upon him, catching him in the collar and had plunged a knife into his heart, and that after this the deceased had struck the defendant with a rock. knocking him down, after which he (Cunnngham) ran few yards away and fell to the ground dead. The body remained where it had fallen until the morning following. At some time during the night the pockets of the dead man were rified and quan- tity of money that he possessed taken from his person.
 It seems that Albert Foreman told Q negro friend of the killing and volun- teered to conduct him to the spot which was done, but that later he and Woods got together and left the city, travelling by rail and by foot to Talladega, where on the Tuesday night following they were arrested.
 It is understood that at the moment of their arrest they told the officers that "Foster was the nigger who killed Cum ningham."
 The separate evidence of Foreman and Woods, given before the coroner, as to the causes which lead to the killing and as to how the crime was committed was practically identical, excepting one or two instances.
 The defendant, who is only 19 years of age, when put on the stand seemed at times entirely unconscious of his sur roundings and in a comatose and unin- telligent state, but at times he appeared bright and interested. When questioned by the coroner he admitted specifically having committed the crime, saying that he had plunged the knife into Cunning hams heart, and that a moment later Cunningham had struck him with a rock, but in the same breath when questioned by MT Bowman he denied any knowledge as to who committed the act or how it was done. At the conclusion of the testl- mony the coroner explained to the jury their duty in the matter, and to act by the evidence as shown in the testimony.
 The jury reached a verdict in about ten minutes, the verdict being read by Lee White, foreman The jury was com posed of the following: D. F. Sugg, John Angwin, J, H. McMurting, John Wren, James Merriman, Lee White, foreman.
 The case has created considerable in- terest in the city and the progress of the investigations has been closely watched The Ensley police force has been diligently at work in the matter, and it is through their efforts and the efforts of Deputy Sheriff John Wren that what are supposed to be the guilty par ties have been apprehended. Walter Eos ter, the defendant. was arrested at his home by Officers Boswell and Cochrane.
 All of the boys who are implicated in the murder so far are under 20 years of age. Foreman and Woods are about IS years old. The coroner held Foreman and Woods under bonds of $500 each Failing to secure the bonds, they were taken back to the county jail in Birming- ham.