Evening star. [volume] (Washington, D.C.) 1854-1972, 1911-11-22

<aASuul SOIuWell, tWeuty>tHIee years
Cd, was placed on trial for his life today
before jury In Criminal Court No. 1,
Justice Anderson presiding. Cornwell is
called on to answer an indictment for
first-degree murder in connection with
the death of his brother-in-law, James
E. Courtney, at the latter's home, 2O26
9Th street northwest, June II, 1911.
Sisters Chief Witnesses for State.
The chief witnesses for the prosecution
were two sisters of the prisoner, one of
them being the widow of the deceased.
Both were eyewitnesses of. the tragedy.
1t was trying position for the two
women. who we're forced to give damag-
ing testimony against their brother.
Mrs. Susie Courtney, the widow, was
weeping when called to the witness stand,
but succeeded In controlling her emotions
and told clearly and distinctly the details
OF the tragedy. Miss Alice Cornwell ap-
peared to have difficulty In depressing
her feelings, but did not break down
during her testimony.
Prisoner Pronounced Sane.
A defense Of insanity had been expect
ed to be made by Attorneys James F.
Kelly and Matthew E. OBrien, repre-
had three alienists examine the prisoner
yesterday. In the face Of finding by
the three experts that Cornwell is sane,
this style OF defense was abandoned.
Today counsel for the prisoner attempt
ed to show that the man was 80 drunk at
the time OF the homicide as to be unable
to form an intent to commit murder. The
claim also was made by the defense that
COrnwell is of an extremely low grade of
mentality. or this. they said, the alienists
had agreed at their conference. The ef-
forts OF counsel for the defense appeared
to be aimed at a reduction Of the crime to
manslaughter.
Jury Quickly Obtained.
Only twenty talesmen were examined
before q jury Of twelve men acceptable
to the prosecution and the defense was
secured. The jury Is composed of George
Duval. jr.. Harry T. Gibson, Thomas j.
Higgins, Ed j. Augusterfer. George M
Gantz, Moses Finley. Thomas N. Mon
roe. John w. Hile, Harry B. Anderson,
Charles E. Harris. Patrick O'Connor
and. William ]. Truitt.
Opening for the Prosecution.
The opening statement to the jury was
made by Attorney James M. Proctor who
is assisting United States Attorney Will
son in the prosecution. He detailed what
the government expected to prove and
claimed the homicide was the result of
deliberate generalization. Counsel for the
defense reserved the opening statement.
Story Of Mrs. Courtney.
Mrs Susie Courtney. widow of the
dead man and sister of the prisoner was
the first witness for the prosecution. She
said she has been married nine years
and has three children. For three yea. s
before the tragedy, she stated, her broth
er, Arthur, lived at her home. Conf &
down to the day Of the tragedy witne 8
said she heard her husband and Brother
having words" They were too far from
her for her to hear the words that passed
between them. The brother had been
drinking. He left the house, but returned
in about three-quarters of an hour.
AS he passed the room where she was
she got the impression that he was
more drunk than on his departure Her
husband was standing in the areaway
in the rear Of the kitchen before a
mirror and rubbing his face. The
wife said he was not shaving, but
seemed to be attempting to remove a
speck from his face. His back was
turned toward her brother.
Arthur, she said, walked to the
kitchen and without a word being said
by either shot five times at her, hus-
band.
Miss Cornwel Testiaes.
Miss Alice Cornwell, the other sister.
testified to the same actions by her
brother and to seeing him shoot at Court
ney. She heard only three shots, she
stated, and then became SO excited she
could not tell what happened Miss Corn
we'll said on the day Of the tragedy that
about one hour before the shooting she
heard Courtney curse her brother with q
vile epithet. She also said her brother
had been drinking.
Decision Against the Defense.
When the government attempted to
prove a confession to Officer Keliher, who
made the arrest. counsel for the defense
made objection on the ground that the
corpus deficit" or the crime itsell," had
not been proven. Assistant United States
Attorney Proctor admitted the condition
of the record. but SAID It was due to the
absence of DR.. White, who made the
autopsy, and the morguemaster. He
promised to introduce this evidence later.
Justice Anderson, holding that the order
OF proof was in the discretion OF the
court, permitted the testimony on the as
surance that the crime would be proved.
The defense noted an exception.
Other testimony was being offered by
the government when this report closed.