Evening star., 1931-06-19
Says Suspect Is About Same
Height and Weight, but
Is Not Positive.
BLOOD AND DARKNESS
MADE SIGHT UNCERTAIN
Widow of Jack H. Cunningham
Also Will Be Asked to Scru-
tinize Prisoner.

DR.. Don Carlos Leiva, counselor and
charge daffaires of the legation OF e.
Salvador. today failed to positively
identify John j. Simmons. 90, arrested
last night after an intensive search fer
"a couple of fellows" wanted for ques-
tioning in connection with the recent
liouor robbery at the diplomatic man.
sion.
Simmons was taken to the legation
this morning. following his appearance
in the morning lineup at police head
quarters. Although DR.. Leiva granted
Simmons was of about the same height
and weight as the thief who attacked
him on the night of the robbery, he
said he was unable to positively identity
him.
The diplomat declared the only means
of positive identification that he knows
Of is an injured finger and bruised eye,
inflicted during his hand-to-hand strug-
gle with the robber.
Unable to Distinguish Features.
"It was so dark in here when sur
prised the fellow standing on the stair
way" DR.. Leiva explained, that l was
only because of the darkness, but also
because blood from wound on my
head was pouring down my face, MAX
ing it almost impossible for me to see
at all.
During the fight, however. I man
aged to get my opponents 1nger INTO
my mouth, and 1 bit it just as hard
as l could. I also jammed my thumb
into his eye with such force that l
am sure it must have left an ugly
mark"
Despite the diplomats failure to
identify Simmons, the latter still Is
being held for investigation. 1t is e%-
pected that the widow of JACK H. Cum
ningham, slain police informer also Will
be asked to scrutinize him.
Quizzed in Cunningham Case.
Simmons. who said he lived on Oak
street near Fourteenth, already has
been questioned in connection with the
Cunningham killing, which occurred SIX
days after the liquor theft.
Capt Edward j. Kelly, who qulzzeu
Simmons. said little information has
been obtained from him thus far;
Nevertheless, Capt. Kelly added, ne VIII
be grilled again in connection with potn
the liquor robbery and the Cunningham
murder.
Cunningham was shot in an alley IN
the rear of his 1 street home by gum
man who fired fuSillade of shots from
an automobile and sped away: AT the
time of the Staying Cunningham was
on his way home from the hrSt pre-
cinct police station. where he had taken
the revolver used in a shooting Wnlcn
occurred in a Twelfth street speakeasy
several days previously. 1t was at hrst
thought the killing had some connec-
ton with the Twelfth street a1alL' puI
f,1a 1lJy abandoned
by police
Spent Three Weeks in Hospital.
DR. Leiva was attacked when he re-
turned to the legation after having
spent the evening playing cardS WIN
friends, and surprised band OF
thieves looting the wine cellar OF the
legation. AS result of the beating
administered by the robber with whom
he grappled. the diplomat was forced
to spend three weeks in Emergency
Hospital. where he was treated for
fractured skull.
While police have been unable def
nitely to connect the liquor theft with
the Cunningham murder, they are
working on the theory the crimes were
sinked. Simmons was nterrogateo
nnent the the Staying by police, who
added they failed to find out any
thing."
Simmons "Out Of Town"
Simmons, according to Capt. Kelly,
has been 'out of town" since the search
for "a couple of fellows was begun.
The other man wanted for questioning
bin connection with the liquor theft also
As believed to be out of the city.
The quest for the couple of fellows"
RESULTED in several warrantless raids on
|dovntown bookkeeping and gambling eS-
Establishments. Although the raiders ar
rested many men, the couple OF fell
lows" were not among them.
The theory that the liquor robbery
and the killing were connected was
adopted after Lieut.. John H. Fowler,
Police Department ballistics expert, an
no,lnced that a bullet fired by the man
who attacked DR.. Leiva apparently was
discharged from the same pistol as the
one used in the shooting of Cunning
ham.