Bluefield evening leader. [volume] (Bluefield, W. Va.) 1906-1911, 1907-08-10
CUNNINGHAM
JURY HUNG

documentary evidence to explain the
discrepancy between his testimony
and that OF MFR. Butler.
This was the last direct Witness
presented by the state. After he
had finished his statement the
court took recess until two p. m.
When court reconvened In the
afternoon. the defense opened its
case by putting Charley Greer on
the stand. Greer, It VIII be remem-
bered, was named by High as the
man who had first approached HIM
on the subject OF examination pa
pers. Greer admitted everything
that High had said, with the excep-
tion that he declared himself 10 be
the originator OF the idea and that
az far as he knew Cunningham had
nothing TO do with &C. The man
seemed to be proud OF his connection
with the case and responded so
readily and so rapidly that no had
to he held In check to allow the
court stenographer TO keep pace
with him. He declared that he had
been hitting Gay Barleycorn" for
the past month, and that he was
seeking 10 replete depleted
treasury. He said that he himself
had planned the steal. and II he had
gotten away with II he would have
cleared at least $3.50 on Il and
wouldn't have gone out OF Kanaw-
ha county either But" he said I'm
explanation OF his failure. "T got
drunk and grouchy failed TO appear"
.Greer's testimony created much mer-
riment, II being OF such an amusing
nature that II oven threatened the
dignity of the court.
PUTNAM COUNTY TEACHER.
The next witness was the Putnam
county teacher. Parsons stated that
he was in Cunningham Office when
High brought the questions there.
He said that there we're two others
there besides himself Cunningham
he said, did not touch the papers,
and he also declared perslstently
that Cunningham had received no
money while he was present
DEFENDANT ON STAND.
Cunningham took the stand after
Parsons had concluded. The de-
fendant denounced High as liar.
denying I'm toto everything OF a
questionable nature. He said that
he had permitted the use OF his of
flee through friendship and had re-
fused to touch the papers. He ex-
planned the evidence Of Dawson by
saying that he had meant TO pro-
cure Dawson course in CORE
spondence normal school at re-
duced price. He was then subjected
to a severe cross-examinatlon by
Judge Mathews but I'm the main he
held TO his story very well Some
Of his explanations, however. were
very misty. After Cunningham had
finished the defense called Dawson
back to explain some point In his
testimony and when he had con
cluded both sides rested At this
point the opposing attorneys pre-
pared the instructions which they
wished to have submitted 20 the
jury. The court accepted both.
which were little more than formal
documents. and they we're read 10
the Jury.
Then the argument began. Prof.
Shawkey opened for the state. lie
pointed out the fact that the welfare
OF the state schools was at issue lie
described the attempt which had
been made TO make the matter per-
sonal and asked for n conviction ON
the evidence Reedy and Littlepage
for the defense, made strong appeals
to the personal aide OF the matter
They denounooA High Littlepage
calling him q second Orchard, and
demanded for their client the benent
of the doubt LlttlopaRe also
.Ukened Howard Smith 20 McPart-
land. and stated that he had been
looking AN afternoon for Hownrd's
Bible. but hadn't been able to find
lit
In closing bis address Mr. Little
page referred to Judge Matthews.
who was TO follow him os dis
.Gnguished lawyer and an orator ~
great clopuencc
That gentleman opened with tho
statement that he made no claim to
eloouonce and Immediately launched
into % perfectly cool and diapass on
.ato discussion of the evidence flo
urged the jurors to- dispcl on per-
sonal consideration from their minds
and stated in conclusion that he was
confident that they would fudge the
case in a clear and impartial man
nor
when Judge Mathews completed
hls address the jury retired at once.
and their g-.cz announcement of a
disagreement came as surprise 10
is stated definitely that the jury
stood four for conviction and two
for acquittal. Jurors Ballard and
/ nogto~ pr.-v,f-~. tno ...f.,--tt--