Evening star., 1931-05-21
WITNESS UPHOLDS
MIDDLETON AL|B|
Says He Saw Officer at
DelicateSsen When Cum
ningham Was Shot.

Jack Cunningham's last statement, in
which the dying police informer implied
that Potrolman Wallace j. Middleton Of
No. IL precinct had shot him, was dis
credited to a certain degree today as
police began a check-up Of what ap-
pears to be an air-tight alibi given them
by Middleton.
Headquarters detectives were informed
by Patrick z. Kinnon Of 91s Fourteenth
street, that he saw Middleton, whom he
knew slightly, In front Of q deiicstessen
rea- the scsne CT e.ae shooting whea tie
sno.. rang cut.
Ihe % ccIns1l, Eno Ess srra.tc : .or
inVescisS.lc.l Ii tns Case TEsS6zy nis-lt.
told police he also could locate woman
who was seated In an automobile before
the lunch room and who can say she
saw him leave after the shots were fired.
Mrs. Cunningham Held.
Cunningham's wife, Mrs. Helen Cum
ningham, was being held for investi-
CATION at the House of Detention today
because police believe she has not told
all she knows about the shooting.
Police say Mrs. Cunningham has
changed her statements to them. She
was quoted by g. detective from No.
precinct as having said she would
name her husbands slayer should
Cunningham's wound prove fatal.
Under examination at headquarters
yesterday, however, Mrs. Cunningham
told Capt. Edward j. Kelly she made
no such promise but merely had said
she would do everything possible 70
bring the murderer to justice In the
rzgnNst faF HffnufxfCnarnsQ death
Police were confronted with q con.
fusing number Of clues when they be-
gan delving into Cunntngnam'c past
in an effort TO find a motive for his
staying. They say he and Middleton
were partners in a hi-jacking trans
action and their victim later forced
Cunningham to turn over the loot.
Middleton Suspended.
Middleton was suspended from the
force shortly after his arrest.
Police say that Middleton blamed
Cunningham for his transfer from No.
to No. IL and that bitter enmity
existed between the two, later patched
up when they took whisky from speak
easy on street.
With regard to this transaction, MRS.
Cunningham told police she had re-
tired when her husband brought the
whisky into his apartment, but that
she had heard him addressing a COM
panion as Mid"
Cunningam fell early Tuesday morn
Ing, shot through the abdomen by one
of Ave bullets directed at him from a
passing roadster as he started to mount
the back steps to his apartment over a
lunch room at l4l0 I street.
The fatal bullet was removed at an
autpoSy YESTERDAY and turned over to
Lieut.. John Fowler, the departments
ballistics expert, for Identification tests.
The bullet was Of a .45-caliber. while
the ofhcial police gun is a .38-cahber.
Four Bullets Found.
Four bullets were found in the alley
and an exploded .38-calibcr shell. This
shell was not Of the type elected by an
automatic, and police doubt II the gun
man, who apparently was alone in the
automobile. had time to unbreach a
revolver and drop the shell while driv
ing by.
The shell, however, will be tested
to see IL 1t could have been exploded in
Middleton's service revolver.
A third person was being held for
questioning today in the shooting
George w. Mattingly of 500 Sixth
street. Several others arrested with
Mattingly shortly after the affair were
released yesterday.
Mattingly was saken to headquarters
for questioning yesterday from No.
precinct and later returned with orders
Continued on Page 2, Column A.