The Richmond Virginian. (Richmond, Va.) 1910-1920, 1911-04-25
TOO HI TO APPEAR
CASE GOES OVER
Physician Certifies That Cap
tain Cunningham Is Still
Sick Man
ENTITLED TO TIME IN
WHICH TO SETTLE UP
Counsel for Collector Raises
Point That There Was No
Legal Warrant for His
Suspension

On the strength OF his physicians
certificate to the effect that he In still
too Ill to venture out from his home
at 2o09 West Grace Street, trial OF
Captain Frank w. Cunningham. sus-
pended city collector, on the charge Of
malfeasance In Office. misappropriation
OF city funds and neglect OF duty. was
continued until IL A. NJ Wednesday.
MAY ). when the case was called for
a hearing Tuesday morning before
MAYOR Richardson In the city hall.
The certificate of DIR. Manfred Call.
the attending physician, reads as fol-
lows:
This 10 to earthly that Frank w.
cunningham 10 sick; that hs 10
confined to bed by my ordsrs; and
that he will BE- compelled to rsmain
IN bed until there 10 some improve
msnt in his condition. just how
say"
Mr.. Kirk Mathews, OF counsel for
Captain Cunningham, stated that he
spent an hour with him at his home
Tuesday morning and found him SUI
fering considerably from nausea and
retching. The captain was also In q
highly nervous condition.
AT the suggestion OF City Attorney
Pollard. counsel for the captain prom
ised TO have DR.. Cali on hand next
week to make a statement In person
regarding the captains condition, IL
the latter should be unable to appear
at the hearing.
should Have Had Time.
Mr.. M. ]. Fulton. also OF counsel
for the accused official. stated tina,
no man was more DESTROYS of a speedy
Investigation than Captain Cunning
HGTx ~ yErxA
all unconscious OF any constitutional
act that justified his suspension as a
result OF the shortage charges pre-
ferred agains. him. Later Mr.. Fulton
Indicated TO The virgtnian that the
basis OF defense would be that Cap
tain Cunningham should have been
given ten days to. make settlement Of
the money which ne In alleged to have
misapplied. AS this was not done, he
said, he saw no ground to Justify the
charges and the captains suspension
from office.
Counsel for the captain were un-
sparfng In their criticism OF the news
papers for the manner In which the
captain had been handled since the al
legged shortage came to light. Al the
close Of the hearing, however. state
ments In this connection were retrAct-
ed except so far an they had reference
to the Tfmes- Dispatch
Mr.. Fulton, who led of for the de-
fense. pictured Captain Cunningham
as Il victim OF persecution who had
been dragged into his present trou-
bic by unfrfendly foes. Recalling the
captains long services to the city, he
challenged any one to show that the
city had ever lost Il dollar by any over
tact on the part OF the suspended COL
lector. He then recalled Captain Gun
ningham as a Confederate soldier, q
man OF the highest character and as
q public officer who had served the
city faithfully and efiiciently. Follow
ing this euIoEy. Mr.. Fulton entered q
sweeping denial of the charges against
his client.
At the opening of the session, the
Mayor served upon counsel for the de-
fence additional charges carrying the
alleged shortage discovered after the
original report was made by the city
accountant
Plenty Of Attorneys.
Counsel for the defence consisted OF
Messrs. O'Flaherty and Fulton, and
Pollard was on hand as representative
Of municipality and legal adviser of
the Mayor. Next to MFR. Pollard sat
Mr.. George s. Crenshaw, city account
ant. who dug up the delinquent &C.
counts In the captains Office. Seated
Immediately 10 the left Of the Mayor
was an expert stenographer, who took
down the proceedings In shorthand.
Accompanying Captain Cunning
HAMS lawyers was his son, Mr.. Col
bert Cunningham. an attorney OF Ma
con. Ga He was the only member OF
the family present. Conspicuous
among the spectators In the chamber
was the Rev. DIR. George w Mcdaniel
pastor OF the FIRST Baptist church,
with which Captain Cunningham has
been identified for many years.
Locke Clear to Poiiard.
When questioned regarding the con-
tention Of Captain cunningham's at
torneys that his suspension was I'M
justified. City Attorney Pollard re-
ferred the reporter to section ~ OF the
city charter which says:
Tho said collector shalt make
report In writing. under oath, to
the auditor. weekly. or oftener IL
required. the amount OF all moneys
collected by him, and shall pay
the same in the city treasury In
the manner hereinbefore pro-
vttied''
Mr.. Pollard next referred to section
so OF the city charter which, he be-
lieves. fully covers the points at Is
sue. This section says:
THE said collector ID expressly
prohibited from keeping the money
of the city In his hands. or in tho
bands OF any person or corpora
ton to his use, beyond the time
prescribed for the payment OF the
same into the city treasury. and
E'q any violation. Of this provision
shall subject him to immediate
removal from ufi1ce."