Sfct (Efittsftt. ffcy The Largett Circulation oj any Paper in the Oovnty. "tfi® 0. E. ANDERSON. * - - Editor. BUTLER WEDHESIMW HAR. 13,1907.. " Liberty and Uni**, Now sad Fsrsvsr, Out »abiadla*. McElroy, Dickson & Co., No. 5.1 Wood fc'triet, Pittsburgh, Ft., have constantly on band a great variety and splendid stoek of dry goods, which they are sell ing on reasonable terms. Countrj mer-• chants would do well to give them a call, j See advertisement. Well Peper. 11. C. Ucinevan ba* j,ust received from the East, a apleaded stock of Wall l'« par, of the latest styles, and almost every | variety, which he will sell at reasonable | rates. Give him a call at th* News De- ' pot, opposite the Lowry House, on Maia Bt., Butler, Pa. Rire and W%|er-Proof Cement. For something useful and eudurablo read the advertisement "Iwporta»t to Property Owners." It contains inform ation which should interest every one that owns a house or barn. The roof composed of the Fire aad Water Proof Cement is said to be one of the very be9t that has ever been discovered. HayTlie trial of J. 11. Adliugton, for the murder of Sidney B. Cunningham, up to Monday noon, is given iu this num- , ber of the CITIZEN We intend pub lishing the trial in full; persons who may desire to read tho same, can procure copies of the CITIZEN- by calling at the office, or addressing the Editor. Price, 5 cts. per copy Wilaon't Presbyterian Historical Almanac, Vpl- 8, Will contain a memoir of the late Dr. NIBLOCR. If a sufficient number of eubsoribcrs are obtained it will, also, con . tain an engraved portrait. Tbe regular price of the book is $3 ; published by special arrangement. A copy of the book, and a separate copy of the engrav ing, suitable for framing, will be furnish *d«42. Any one wishing the hook can * >tain it by handing the name and anqpnnt to Kev. John Gailcy, of this place, during the coming week. PfciMalpkia Uaivarsityof Madicina aad Sargary. The Commencement Exeiciscs of the above Medical College was held last week and the Degree of M. D., was conferred by the President of the Institution, J. 8. Fisher, Esq., upon thirty eight of the Faealty graduate*. The Matriculants of the last session numbered over two hundred. This school was first charter wd in 1853 as an Electric Medica! Col lege, and ha 9 since been elevated by leg-, islative enactment to the dignity of a Medical University. ''Scholarships" can be obtained in this city by applying to L. Oldshue, M. I)., who is Professor of Urino-Pathology in the above College. His knowledge of the nature of diseases and their best mode of detention, has'placed him in the foremost rank-of medical professors in tbe East. He is well acquainted with all the late improvements in medicine, and his praotioe of the '*old German mode'' of detecting diseases by chemical tests and niorotoopicftl examination examination ef the urioo, has secured to him an ex tensive businsss, not only in the vicinity j in which he livet, bnt persons from all I pasts of the country are constantly send ing to him for medicines lot their re lief. His office snd residence is at No. 132 Grant St., Pittsburgh, Pa. To TUX EWRAW ot THE BUTLER. PA ruts.— Gentiemen ; IVe, the undersign ed Grand Jurors ol Butler county, March session, 1867, desire, through your col umns, to retnrn our sincere tfcapks to 'he cittiens of Butler and vicinity, who so cheerfully assisted in providing lodging for us, w}»eu jt could be procured no where else, except at Mr. Jack's. W_W Dodds, 0 Jamos Norris, John L, Anderses, Juuies Frazier, John G. Otmety, J. 1,. Maxwell, Benj. Donthett, Robert Fowler, Samuel GIOQ, Samuel Leason Alfred Wiofc, Jehu Thompson, Chambers Wick, Beoj. Sluan? N. F. M'Candless, Hugh Gill, KUneser Dodds, Jas. Stphepson. J°k n Hippie. PVTLMM, March 6, 1887 »• -.. Family Bible. Do you de.ojre to purchase a. Family i Bible? Rev. John Davis, of Counoque d easing township, Butler oountjf, u agent lor the liinsirated Family Bible. It is one of the neatest,, and lest arranged Family: Bibles, thsjt we hire seen See advertisement. Noilea. 1 caused an advertisement of tlw IV lu - ilton Gold and Sitret Mining Company,,! of Nevada, to be published, in.the pa pers of this county, but refused to dis pose of the Stock until the Superintend ent who had been Bent to Nevada to as certain. the productiveness of- the wines, should return. He hm now returned and the ore bating been tested, and prov ing to be as rich us that ol the best mines in that State, the Compmy, at its Us meeting in Philadelphia, oneluleJ not to sell Stock,but to issue bonds with cou ! pons attached bearing ten per een.t inter | est, payable in coin_ The bonds are re ! deeuiable in five jeacs from date, and i may, within tluol Director* belt! a epeclal meeting in the office of Jainaa Hretiio Ka<|., on the 2ud uf March, aud by the aid of Mr. liredio made oat a hat they pretend a counter report to remove impression* made by me. I hereby aeeeit that Mr. llickel neror reported to the Auditor* any expenaea trhateror, al though I requested him acTeial times to make eut his return and prove it before g Jnatice, and lay it before the Auditori. lie never done ao Hut he told A «tory to the Attorney, M it »pp«ara in Irfat week's paper, and you may take it at what you think It worth. After much figuring, Mr. Uredin finds Licktl'a Duplicate short of expense about #SOO 00. 1 n the former ne stated that Mr. Bickel collected tax for PeptemboT draft amounting to s6,B'/T 78, which amounts to just the same thing. So much to remove imprea«ions. llut observe, in Ibe former w«? stated that Uickel paid llenry Hold and Joseph Manney $337 bS without authority of law, for whlcb I bold their receipts. But to mystily this little matter, they published last week that thty paid S6OO bounty , all tax, to acme volunteera. »ud au equal amouL( U> othera; then wio«la up by isylng you have DO right to ask any question* about subscription. If jou want to kno», you must enquire of thoae to wlum you paid it. Then say Balance fSOO oo t'aah paid tiold and Manaey 337 UJ ntUace iiuTii Also, it Is known the Qovarnmeut paid premium for September draft. Of this lund Bickel reports he can prove Mr. Tinker holds a considerable amount In bis bands, and by referring to tUe pioper records peibapa we may find out who hold* the balance The whole is SIOO 00. We shall look after tbt* claee of fund*- But the effort thus made by the School Directors is only trying to stave off the main question. We contend the feboel Dlrlctore are in duty bound to render an account of all 112 unds of every de«criptlon collected for bouuty purpoecs, before they had a right :o Issue the Mackey Duplicate, Mr. Brediu s opinion to the contrary notwithstanding JAM&> TRACY. IMPORTANT TO YOUNG MEN AND TEACHERS. KTSTY yoonj whatever rnsj b« liU future calling In Ufa, will tnU • thorough end practical business edu cation hi. greatest aid to auccaas. Such a course uaj be had by all, aa the expanae and time oeceaaary for a tUoiough preparation can readily be ■ pared from the earning, of e*ary mdt4.lr.uul yoatb in tha country. Three mOLihi only are neccaaary fur a preparation that •hall Introduce any ion,teacher or mechanic, ipto a buainaee position that ahall bring kiat a good •»lery. and that may Icad him 00 to a bjiinm suacsas. At Philadalphia, Pa., a system of iostrncilou haa bean introduced Into J. C. U nrnford'e Du»«w and lalegrmph Collage that,mutt,be thorougbky practical, and work a revolution in commercial instruction in all ecboola bav ins pupils enough ao that itaa. b« nitroducad. Un fortiMtely (hi, .Jttam 0 f Instruction can oulj be tar j Had out in few of the alarger ecboola in the United | SUtaa, as It raqutrrs for iu eucceeeful operation a great number of la d*ilj sltsadsnce. TU'l. conne la recetylng tl»e encouragement an I onthu4«atlc sup port of the loading luiineM men and educators through. , out the country, and ledrawlng (or this College pa tronage from nearly eTfry SUts In tha Union. Tne practical arrangement of every department makes It profitabla fcr young men to come h»ndredsof tp enloy its advantages, as at no other ecbool In tk* couo t>> til I rjual-advauuigss ha had for boalnees education Rev. Alexander dark, editor of Clirt'j ScKml t iri tor, in a notice of that iuaUlutloa . nM :-~Th» merclal Calteae of J O. Mumford combines in its nian mora practicality*, aad Uotter Maotpttnas It, studenU for succassfui buslnoes thanaov similar institution with wbltt 1 am acquainted In tha ctty, and but one in our wbole country in any wue compares with it, and that one pursuee a method somewhat the same but per bans not as fully developed. Such a report jfixiS} Ucv. Alexaoduf Clerk is strong eridenceof the character and sending of thte school ITie College from ita flag of lnvitee lnvitee the *t tewaop of Uut masaap. nd as it iesuee many puUk»Ue«w j explanatory of its « rklng, which are mailed free of ' charge* we suggeet tL it tboec ioierested in educatioc send an application for circulars, aa they will 90 doubt be ftirnieheti iumediatel) on receipt of 1 oquest. " Addreaa 4. C. Mnwtv r rktia^eiwbt«. Mst Jan 00 t,Ve. TIBIAL OF JOHN B. ADUNGTON, FOB THE KCBDER OF Sidney B. Cuniiingliara CON. MONXVKATH ") Indieted I*. > fot J. 11. AUHKOTO.V, ) Homicide. WEDMESDAT, M*reh 0, lSfl7. .lul.ti M. Thompson, Attoiney for J)e- nrone iu Court and naked leave to give nuti£e that lie should, at thfrprop,- er .ti;ie, wove to quash the i>rray of Jurors '(he act of Assembly, said he. speci fies the manner iu which the writs of Ifrqi're &bsll he issued, executed, served and tcturucd. Ij'he Court uiay order tha «iit;. t*'o Judge* in vacation, may order M,; but cue Judge could not grant the writ. I hold iu myhand throe writs gf TV/itna, and it does not appeur un thsir face ho?f. they were ordered—whether Uy the Court, or, by two Juijiges iti vaqatiou. 1 am tnlJ that your honor urdeiijd it; but thvtc is oo ev'tdencaof th.ak fact upoa the lace of the writ. Tiie law specifies the luaunorof excuutiug the writ, and of its return on the first Monday of tbe Court. This writ does not show any return .of the manner of its execution ; nor has it a pay«l of Juroiis, with the christian names aad addltioui of the jusors an nexed, us rcqu se tha prisoner could not go all over I the county to ascertaiQ who tho Grand Jurors arc, who must pass, prelimnerial ly, upon -his rights— yrbo are to find or ianor#an indictment against bitn. The Clerk's office where the return of the Venire, with a panel of jurors annexed, is filed and posted up, is the proper place to Examine the list of jurors. The law requires.the return of the pap. el annexed to the Yeoire to contaiq, lhs Dame, surname and addition of every juror suitinoued. But thia paoql COB tains only the initials of mauy of the names, as W. W. Dodds, Ac., who ap pear on the paper purporting ta. he an indictment against the prisooar, as the foreman of a Grand Jury. No ope could tell legally what Dodds was meant, or what the initial* signified. The names should be written in full. On Monday morning last there was not a singly legal j*ryman— either Grand-or Petit—-ic, attendance on this court. TLere was no return to, the Venice untH Thurs day the 7th inst. The writ was not in the Clerk's office until yesterday. lie (Thompson) wished to see it, on behalf of the prisoner; and the Sheriff went to his house for it The return and panel attached i»ere made today, after he had given notite that he should, at the pro per time, mnve to quash the array of ju rors. If there was no legal Grand jury, there. ooul4- be no legal bill of ilulicUueut against the prisoner. Thftt whi.gh pur ported to be an indictment, was ?f no more legal consequence -than if it had been drawn op by twenty four intelligent men promiscuously assembled anywhere in the County of Butler. Hence, they could not be asked to plead to the bill of indictment, nor to state their objectious to that iust>ut>t !■ jurors. Hence, if panei fails, the cause will have to be postponed Adjourned until to morrow. Friday, March Bth. 1867. The.prisoner Was brought into Court. Mr. Thompsoo, op behalf of the defend ant,. asked leave to file the reasons for hia motion to quash the array of jurois. Granted lie also desires to filgaflidqvita of the oncers of the court. Export q. The Court Refused, but permitted tlrfe officers to be oitlled and> testify. F. M. Eastman, Clerk of Court, called. Objected toon the part of proHecutioq, on ground that it went against the. • record. Received dehorn the record. I*am Clel'k of this Court since Decem ber, 1866. lam still Clerk of this Court. I i.-sued three several papers purporting to be venires, which were delivered to the Sheriff. I hare not yet.been furn ished with a list of grand or petit jurora, by the Commissioners, nor any other per son. Thore never wasea liit of Jurors put up in my office, by authority. A printed copy of the. fost, signal by the Sheriff, was put up. The Sheriff filed his return to the venire on Thursday last, and it was marked of that date. It was not filed until after the bill of indict ment had hern found by the grand jury. Cross examined. —l have a minute book coqtaiqing the names of the graod and traverse jurors ; this is the book. I made the record contained in the same. Record shown, exhibiting a list of grand aud traierse jurors for March tern-,1867. On Monday morning, at the opening of. the court, I called over this list ol grand jurors; thane present were marked, and were sworn and empaneled as such, apd acted as such. The list attached to the venire is thp spine as tjiat recorded in minutes of the court. Thgy were called over, sworn and charged in the usual manner. They found bills and present.- meuts which were duty recorded. were discharged, certified aqd paid as Grand jqrors The counsel for the prisoner said they u ade no objection to the manner in which the jury acted—they admitted that pio ceedings Vfere regular—they objected t the legality of tbp jury ip the first inst.) nee— prior to their being sworh and charged. Mr. Mitchell, for the prosecution, then offered the record of traverse jqrors, and compared it with the veqire as attached to the record There werp several dis crepencies in the name?; but the jurora answered to their qames when called by the Clerk from the reoord. I could not state the day I put up t}ie printed list of jurors in my office j probably a month ago. The traverse jurors were called over every morning, and answered to their names and acted as juror*. DIRECT.—RL took tho list from the pub lic newspapers. I had no other means of knowing who were the jurors. The published list, nor the record, is in al-> phabetical order, excepting the Districts from which the jnrors came. I received an order for an enlarged venire froqj his Hoqor, Judge M'Guffin, in open court, relating to traverse iurors; but none from any quarter relating to grand jury. Sheriff Storey called and sworn. Am - Sheriff of Bqtler county. These papers purporting to be veqjres were placed in my hands. I made the return to the writs on the 7th. I mad# no return no tjl after the Grand Jury was discharged. I gave the venires to Mr. Thompson, counsel for defendant, on Tuesday of court. They were handed back to aie by the President Judge, on Wedpesdjy. When they were handed tack to me, there was no panel of jurors attached to them. Tfee panel was gircn to me on Thursday, by the Commissioners. There never was a list of jurors put up in my office. Cross Examined. —The list attached to the venire for Grand Jury as summon ed by me, are those on Record and in at tendance They sre the same lawfully drawn by myself and Commissioners.— He testified, on comparison of writ and record, the same in regard to traverse jury—with the exception of a discvepen cy in relation to the initials of three or tour of the jurors. Mr. Thompson ssk» ed to see the writs. I went to tho office and gave them to him. I acted in re gard to t))e returning of the writs as my predecessors had acted. Their writs of venire were tying in the Sheriff's office —never hiving been returned to the Clerk's office. The Court asked if the Sheriff hid | counsel? He said not. He was idfis- j cd to employ counsel at once. 'Me Court. —l took the list which drawn by the Comnyssiooers aud myself, authority to summon the jurors. Objected to, by 4el#ne ground that it is the private property of the printer or publisher, qoauthomed by any law The slips are pot jevidesce of anything Tbey d Q not 000 tain the sur names, christian names nor occupations of the jurors as the law requires. Adjourned. AFTERNOOS The prisoner w t# brought into oourt by j the Sheriff 3 I Mr. MiteJjeJl, for Prosecution, argjjfd the points of law involved in the objeo— ! tiona. There i» a standing order oOhis eoutt in reference to the issuing of • pie- j cept tp Che Glerk fjr issuing the writs of venire; thaf the rule had bogn qotn plied with,that "Hie judga, had <*rd,ey vjere oojn. pared and proven vjiih the yopj furnished by tlis Commissioners, and tlus pointed list \?as po ted up. The venires were returned to this court. It was t<>o late to challenge the array of the Grand 1 jury alter they had been organised, brought in a bill audit had been accept ed by this Court. They should have craved oyer of the array ol Grand jurors before" tkey were organised ; because, if the array should be quashed a,l that time, tljie Court would have had p iwcr to or der a special verjire for.a new Jury. He nffyrred to authorities, irx support of this j popition. The list t« be furnished the Shoriff was to enable him to summon the jurors ; that he did summon them ui an. s.wercd by the fajtthat the juror* are all in Tbe Commissioners had done more than was necessary—they bad published it in two papers; was ample means of knowing who were the triers of the defendant; there were lists in every offioe in the county. The duty of the defendant, if he had no "knowl edge of who were his triers, was to have come into court on Monday, and deman ded oyer of the Grand jury; bt»t he has no,t done so,. lie baa waited until they have found a bill, transacted their busi ness, be«n discharged and paid off He is too late now to advantage of any defect in the empaneling of jury.— Mr. Mitchell cited numerous authorities If the Sheriff had refused $0 luekc his return, ou oyer of the jury having been craved by the Defendant, or hiq attorney, on Monday last, the Court would have compelled him to do so, .by fine and im aro not to be clogged nor impeded by the laches or neglect of the officers of the law, unless the rights of the defendant were jeopardized thereby. Mr. Thompson, on part of the defend ant, said Mr Adlington had nostaiding jo this court until after a bill of indict picnf wai found. He could only say be was a prisoner in the county jail, on oath of a Constable of PorteisWlle He woo Id have been answered by the Court if he had craved oyer, of the jiify on Monday: We have no knoweledge of your case ; you are not in n ourt legally; do not know yon The defendant bad noj ower to cnalltpgp the airay on Monday. l{c had no status iu court. Hut notice was givfin tljijt these objections would be urged as they prp n >w ur>:ed, before thfc grand jury was discharged, to 'it . 011 Wednesday* There can \tn tyi fyf- m-n (frawo to fill an c.itiiM nvn-1 112 j irq-- they can only !><■ <■ ili«- ! r m t ders.to fi I «p a •s no aw.ll . t(u ii - 1 k Ito warrant §ll h a I■■ 1 u Ith I Grand jury were t tie most ifi'i-ilieeu'. j HDiight, honest Wnen of the county —if they were- body properly drqwii, summoned, lstt)rpe<(, orginijed and i sworn, they wero nothing mo e than a 1 mob, and had no authority to find a b' 11 |of indictment for the highest crime known to the Irw Mr. Thompson ar | goed a( great lepg.h, cilioe authqrUips j to support hjs to quash the array, j A)! the offieers of court; Clerk, >Sb»r iff, Commissioners, Commissioner's Clerk and oven tbe printer, were called to prove I that which should appear on the face of the veoire and it* return—on tlje record —to wit: who are tjie Oraqd and Trav erse jurors. Such a proceeding was nev% er before heard in the annais of jurispru dence. The prtcepf issued by your hon or, ordering an enla-gement of the panel of jurors, is nqi djrpcted tq the Clerk of the Court, nor to the Sheriff, nor to the Commissioners, nor to any person what ever. It orders nobody to issue a veinire It might as well be executed by the Su* p«rvisor as by the Clerk ef Court. He demanded tha.cons(deration of this sub ject very earnestly, as » matter of right and humanity. The Court said they felt very deeply the responsibility of the qnestions in volved—of the rights of the 'defendant. He had rights aod they shouU be respite ted; and although people might think the time of the court bad been unprofj tably occupied for the last twenty-four hoars, yet they felt it their duty to listen to the eloquent erguments of the aouasel and their evidenoo bearing upon the si»b ject, io of the magnitude of the coqsequences which are to follow the decision of the Qourt. The rule of court was read by the Judge, relative to the order for a preeept for renires. Thus far all was right. There was a great laxity on the part of officers in the manner of pprf'ormiqjj thjjr duties ; snd be would ad*ise thepi in the i future to take counsiel from attorneys;! as. if a jury should be quashed by reason ui i(W"rm»lity, it would put the county tp great expepse, as well as parties who had business with the court, in relation to the DIM, surnames and additions of the jurors, the Commissioners had done all they could No Assessors return' • the occupation of taxablea. The returns have oeen made and eer. yfied in a proper manner; but the re turn was not made on Monday. Tfc, defendant had right* in court o a That day.and could have craved oyer of the Grand jury; and tbe Court ooujd have filled up the array by tajisiqen The Court decided that it is to quash the ar rpi alter a bill of indictment had been i'qund Th* eamq. argument® and the. same, state of facts applied to traverse jurors; ih| Sheriff was not blaivablo ; he waj recently inducted iu office.; he had no, attotqej; bad found the writs of his pre decessor lying in his t office; he he had a right to leave tis there also.— The jurors wqre in attendance, and there was cvideuce of the panel o£ jijrors, having boen placed in such offi ces, aud tielure the publio in suohaman nyr, as to prohibit ths idea of injustioe i'lie judge wu?( lu?id and length y in lug ins reasons lor oy > the motion to quail tbe array. The Court oxcuptious The prisouer was ordered to bo arraign-, e j and pitt upon his trial. Geu J. N Furvianee, on behalf of the pi;isi#ier, \hai he wou)d move to continue tins trial u,9,tiI the ground that thore was a great preju dice in tlie uiiuds of the community, against tbe prisoner; the moral scuse of* community was shocked ;.two men hsd been ushered, into, the presence of their A}aker by a kuil'e in the hands of some one in an affray, Tbe very fact of the delendaut having been charged with the. crime, had uraat weight in the minds of ' community .Expressions of opinion had been frequently made to the prejudice of the prisoner. They would offer the testi mony of the prisoner and others; and then move for a continuance. J. C. M'Carthy, Ksq., very earnestly, seconded argument of bis colleague, —in consideration of the great prejudice' existing tiie. wind's o( tli? community! —for a continuance of the trial. He, said, iu all bis experience as a lawyer, aud as a man, he bad never witnessed so, de£p a prejudice. Fifteen uiies Butler !\e men not to make of any one un convicted of crime; aul, as he Butler, this |trejodice was stronger and more deeply seated. Ho did not think bis client could possibly goto trial with, anything like a prospect of being fairley, and impartially heard at tuis time. The Court said wejt unanimous ly of opinion that the prisoner could got a fair trial in Butler county. J. B. Adlington tiqorn.— l think would not b; safe in goin<( to trial at tills time; I thinly if oause were contin ued until the June term, I would be bets ter prepared togo to trial; \ have had no oprortunity thus far to make prepara tions for a trial; I not safely goto trial, bcoause my relations were not I.ere to assist me. My nephew I expected to, assist me, is in Washington. None of my friends were here until last Monday : I have no means of my. own to. resist n,c my defense. Mr. Al'Uandless, for defence, said hq though the Court would hesitate, under the Gij;.uq>sUn«es aud of the pris oner, to force '> lrr to He could say on the part ofbimselfund his colleagues, that the prisoner was poor—unable to fur nish funds for his defense- 1 -!" hunt up witnesses who might be all importaut to his safety. With deference to tbe Court, thero.was prejudice in the minds of the public, aud urged that the Court should temper jietice with mercy, and not pu( the prisdher upon his trini at this time. Mr. Mitchell, for the p.osecution, re sisted the tppjicati ip for a continuance It was merely for defay. They had not placed before the Court'suffii-ient reasons to warrant them to grant a continuance Mr. M'Carthy further a'gued in Tavot o, a contu.u iuce ot the pause. He spoke teelip"iji an>J veheitently 1 tie said 1 bey were moved t>y the L ..ju ui appeals 111 behalf of the prisouer,' a.'iu j> uitliuduals, they m ght be induced t> the request for a coStinu ance. oui was uo >egal ground fof. it—not ttie slightest. mutt decide against the motion. Mr. on the pa;t of thede- Icnda'it, moved to quasji indictment tor the folluwiug reasons ; Ist- The Bur fouiid ip the (!ourf of Oyer aod Terminer, and not in th«| Quarter Se-sious. Zii The indietment has not been cer tified into the Oyer aud Terminer the Qnarter Sessions. 3d. Th Oyef Terminer can try only such cases af shall he found in thq Quarter ges? aud certified ; oto the Oyer amf^eitniner. 4th. The ludtctment does not set out that the jurors were sevetally sworn ot affirmed, and that each juror took his cor poral oath. Mr. M'Caodiess referred to the Acta of Assembly relative to tha subject in sup j port of If it motion , rad stated tha* this indictment, in its caption, declared that it tiad been found by 'Qraud Jury of the Court of Qjer ar.<| T« r — '°er, which was fatal, because no bill could be foun3 * in that Court. TK»y (iaust be fouud in the Quarter Sessions, and certified to the Oyer and Terminer. Mr. M'Junkin, for Prosecution, said the caption was n« part of the indict ment. and referred to authorities to sup port his position. It coirid be stricken oat and then it would be presumed to have been found i*> th# Quarter Sessions. Thp Court ororraled the motion to quash the indictment; and noted an u< deptipn. ,- ~ The prisoner, John B. Adlrogton, was then calljd to the bar, aod ordered tq hold np his {land ; jrhen the indiotmeDt was read to him, charging him with the murder of Sidney Q. Cunningham, by stabbipg him witb a knife, on the 21th of December, 180$; of which wound he died instantly Clerk— il How say you, are you guiity or not guilty in manner and fornj as yog stand indicted V l*rilouer —" Not Guilty." Clerk —" How will you be tried 112" Pritoner, in a firm voice, " By God aod im Conotry." .. ' '