VOLUME I.
#rtsinal foffrg,
—
Tiff aABUATM.
I im attirlj utoaUhcd
At wfeM asw mku to W
A tort ol rtjU, or Aatna,
That r*t(na oiiMMt**^.
iMi| Moltoalaf Chriiuuu,
At ••11 M tho Hotaa;
Of calling Sab ban. tao4a?.—
A to« aa4 htxOunUK am.
Upon the iftcred p*f**
Of Oo4»t own Tnith proband •
It'l Mt wffhln the llbll,
Nor did Ood erer m*«n
Thst ruck thottld be the prmclic*;—
The», U it ast « els 112
Ob d bbtbt called it SaadßV,
Bat.ln file bUeeed word
The pr«cioua bbbib of " B«bb«th, *
le eerenty-four time* heard
lay* He, It b the Sabbath,
The dey that I hare bleeeed ;
A HBbbath for my people,
A day of holy rut
And Chrtot our b'oet Redeemer,
while he wße her** on *
Di«f heap upon the Babbnth,
He acted with a revet enee
At all tiaee, aud, aaid He,
I'm Lord, too, of the Sabbath:
* To work thereon I'm fre ».
And then to crown It firtof,
Upon thet bloeeed day,
lie do ret from death triomphaut
And price did p*j.
The origin of today.
That vein aod Katt/ul name,
la found among the Heathen;
And there it ehoold remain.
It'a not at all latended
ITOr Cbrietiaaa, anyhow,
Jt'i ob if for tho ignorant,
Th«t to the planeta bow
Then Chrletlaae ehould be cartfal,
And emu all who Ilea
JTithln a Innd of knowledge ;
All ehoald due honor give.
Whene'er 1 hear a stranger
ITonounc* thia aacred name
With rewervneeon hie accent,
And awevtneee in hia tone,
J mark him in an inatant.
And fe«l that hn'a a friend
Of him who mad« the Sabbath,
Whoee Sabbath hia no end.
* hen, minlatera and Uacbera,
,r l humbly yon entreat.
To let the name of Sabbath
Be to yoar own eare eweat.
Let it be named with reverence
Whenever named at ail.
That you may teach Ike children
If a right name, it to cafl. "
And bow, my dear young cinema tee.
Ton little gtria and boy a
.Who love the holy Mil.bath,
Aod the Sabbath Bchool*e employe;
1 ofge yon to be careful,
How you do name tola nam*,
Leet you by thoughtleee manner
ltaaacredueea profane
But, moat of all,d**r children,
to How you uae
The precioua tim« of cabbath,
Aud uot one moaient luee,
For ite the time appointed
' By God, our Mighty Kiug,
And Je«ua Lhiiat our Savior,
That will ua l-u-n»iug. bring.
God'a nearer .to J*a |»ei»pl*,
And far more eaatly louad,
XJ on the bieaard Saobath
' grace do'h more abound
If la loee doee flow more fraely,
Hie pardoo then la eeou;
iiie mercy la more fluent
Hia promine then a au^reme.
. Then hail! Thou kaly Sabbath !
r f*t Chrletiam in accord !
To about the n'ame of gladneea
And praiee thf mighty Lord ;
•Xhnu pweet foretaata of Heaven!
It la by thy fair aid
Tli«t Cbrietlane are enabled
To bear their hoary load
.Thia world woald be a deeert.
A wilder Been moei drear.'
If thoß by thiae own brightneaa,
Hidet not their pathwa) cheer.
Then come, thoa blaeeed Stbbath!
And cheer ue <*nour way,
Till we arrive In Heaven
To that ICternal day.
.There we aball eee oar Savior,
Upon hia throne uf whm 4 "
Surrounded by the aiiiK,
1b faros of akioiag Hght
There we aball Joljß a Sabbath,
A* apoken of hitora,
Where abaTVbe do Saaday,
Bat Sabbath dVeraaore.
A. M. K.vouflß
MountxilU, IV
U« APFtAL.
Mow all cool frou. aad ahlatlaawM,
a lid all jam paai lao,
'j out mIM Gott, ilk. ararr dlng»—
Vrora aMo walk* «bara 4ai* kiaabat atoga,
Aad from dar hlfk church aWaplaa.
Shake If aw fomht gad achnap joot Uatb,
tJad ah vara, aad abow your ahpnak ;
Tearklauva rlUl haak baaa aoaallad—
V*r triadoni a haah paan plack aullt—
-9m mt r— abaa't (tt drmaK
fj taa I thlaka I ahticka mil "Iboa"
Wb« rite aich fann; kucaa,
Apoat tobaefear, afcaa* aad dart—
Who lak. Hia. ha. b> dar ahklrl.
Aad abafci bar ali aait piacaa.
Ka* what could baablaa do, 111 paa,
aitaat a Uttla llckar; r
wJSd'coaaa aa atok'wd'paU aa «#-
Bar atck oaaa woald |a' aickar.
Bar whjakvv haaaarl alaaaaak.
Had all dar baablaa know a a,
lla «oat »a seal dar >aaa data hat,
Us (oat to warm dar aaaa data aat—
jamah? niaappaaalt
aioalab oaaaa,
Tadpooty foot toahpaadlt;
1 kaow dar aweleb hart lo gat.
Tct wbtta dan whiakay, data fa jrat
■Kg faola aaoa*h to ahpaad H
1 laarb admlra dare tiutaa abpaak
Of " Bkaka" aad alah Mian,
pack aallar.
H joeat Brill nrlnf dar pooblk raauad
5b ■barteet kind aTMfaa,
t tirt mad, and ahwaar, aad Iraabaa
ka'ar lao, aad lota of frolic,
alck aft klpaa or choUc,
tavarjUacaaa, aa.
Haiti SIIIISIX.
ft MnMtr e*W. MM U, l*«r -
AMERICAN CITIZEN.
of
JOHN B. ADLINGTON,
FOB THE HVBDEB OF
Sidney B. Cunningham
ppktMONWSATB ) Indicted
•s. 112 fi},
J. B. Adlington, j Homicide.
. (Continued )
AFTKHNOON SESSION.
Court met pursuant to fdjournmsnt
The prisoner waa brought intd Court by
the Sheriff. The jury were called over
>y the Clerk, and a{l answered to their
name*.
(leg. John N. Purviance on part of
defense, with concurrence of hi*
colleagues, gloved that the witnesses on
part of the commonwealth, as well as
those on part oi the de&usp, jboula re
tire from tho Court House, and be kept
in a room by themselves untill called up
on to testify.
The Court observed that the witnesses
could not hear one-half of what was tes
tified ify witnesses from their position in
the audience. Unless the Court had eva
idence that there was a combination, they
would yqp an order fof that pur
pose.
Mr. M'Carthy and Mr.
urged that it was disoretionary with the
Coifff, agd tlf,ey appealed to that discre
tion.
The Court jpotioff.
Sidney Oliver called, but it was stated
by the counsel that he was sick at the
Hotel.
Dr. Cowden re called.—Mr. jQliver told
me that he was attacked thia morning ex
pectorating blood- he feels unable to csme
kt present. Passed over.
Calvin Weller ntorn —I live it) Law
rence county, 11 miles from Portersville;
was at the house of Jehn Oliver on the
pight of the 24th <?f December last; saw
Bowder and Marshall together:
then was a dancing party there; Sidney
B Cunningham and Jamas U. Teeple
were there j 112. was not scquuintod with
th«m ; saw Frederick Bowder and Dijn«
widdie Marshall; they ware in the niid<
die room ; dou't remember who all wero
present; half a dosen—Teeple, Cun
ningham, Bowder, Marshall and \yilliauj
Pi logic ; I was in the north room by the
door looking in st the door of the parlor;
this wrs about Hi p. m.; there were no
Isdies nor others there; the nortlj foofp
is where tho dancing was ; saw Bowder
and Marshall talking; Cunningham
jumped up and asked them what they
liad against New Castle; Fred Bowder
turned rouud and said he was not talk
ing to him; with thst j&tnningham
knocked hiindown partially,then hit him
again and knocked him down, and bit
him three or four times aiter he was
down ; theu Julia Oliver went into the
room out of the dancing room; also,
Henry Bowder went in; Cunningham
then knocked Oliver down. I not
notice Oliver d<f anything ; b c went up
toward Cuuuiugham. 1 did not see Cun,
uiiighatn altejjvards until I iajw him sit
ting iu the hall I was taking care of
Frederick Bowder; 112. picked up,*nd
ho hit Wtu. Ktrkcr. I took Frederick
Bowalw out of the room; Marshall and
I took liiiu into the North room; into
the dani ing r »«; 1 saw Adlingt m stand
in the door that lead from the parlor to
the North room, with a knife in his hand;
think it was while 1 was taking
<pf the room that 1 saw this; think
was in the door that I sqw it; I think
we.it on oft to the dancing
room when I took Fred Bowder out; he
was looking into the room when I saw
him with the knife; could not say which
way he went; 1 judge he went into the
noiih room, 1 dou't know which way he;
wem ; he held it (the kpife) up this way,
(showing the uianuef ha held the knifej
He said, "now 1 have warned you.', I
don't know whveb. He held the knife
out ami [a hook it, don't know who he was
looking at; oe was looking into fie par
lor where the fuss occurred.
Here the Court interrupted counsel
and urged that they hold themselves
stricdy to the rules 9f e.vi^ace; there ,
was too much m repeating
what the witnesses said, it counsel did
not hear they oould ask the Court to h*?e
the testimony repeated, side bar remarks
would not be allowed.
M,r. feller resumed.— ap
pealed to be ongry while ahaking his
foife; I think it waa a double-edged
Vpiia ; I would suppose blade to be
five or aix inchea long; suppose it to be
an inch or pore broad ; just cast my eye
up at it: vt appeard to be a pmnted knife.
Mr. M'Carthy objected to (fee .question
Reading. Court ikid it waa too leading.
Witneaa jenumed.- The blade I
think was About a inohea l<v>g; inch and
a quarter broad ; ,had a point; would fall
it 'a double-edged butehar knifp.
Jjlr Jjl'Curthy objected to Ais ipodo
of He felt hia responsi
,ty, and ha wflored the Court to
( againat leading questions. '
The Court said thev ahould
to keep within the rule*. .
Mr. Wellar resumed.—After I ffidt
Fred. Bowder out of the room, I kept hits
there Jqnc as I oould ; then gave him
in charge of Ilia and went baek
into the room; Wqp out of foom not
more than two minutes ; i>y the
same *-mr ; and John and Shaffer
w®r» fighting this aofto Teeple; Te«mle
was partly dowu;'l ran caught Shaffer
and took back into fi/t north room ;
»*jv )bit Oliver the baek of
the 4>*ad wiA aeh air; TeapU: waa kind
of sitting on the floor and Oliver was on
himjJohn Oliver waa hitting him with hi*
about the bead I believe; he caught
Let us have Faith that Bight makes Might; and in that Fajfli let us, to the end, tjare to do our duty as we understand it"— A - Lincoln
PUTLER, BUTLER COUNTY, PA., WEDNESDAY, MARCH 20, 1867,
the chair with both hands and struok
hiiu on the tu.sk of the bead; I then saw
Adiintgon kick at this man Teepl*; at
hii head he kicked, I judge, think he
had not the ohairat this time ; think the
blow on Oliver had little effect; ha fi|
either took off or jqt off himself; don't
knof tjjft'l did anything after I went
iate north room with Shaffer; was
there about 6 minutes; fuaa wax then
over; first I saw of Cuquiqgham after
that was when be was (ittiqg j# tfe«bail;
I think I feat up stairs ihea with John
Qliverj doj)t >npj fhq brought him out
oi the partor; 1 tlnqk Adlington toqfc
Oliver up stairs ; I don't knojy wb<>said
we had better get the doctor; aon't know
that anybody told me togo for the doc
tor; they were talking, that he had
better be got fqr aU'qf tfwui Mrs- Ad
lington, Adlington ana some oth
e» W(ifp ja the room up stair*; heard
liberal talking that the men ware cat,
and the dootor should be sent for; don't
knojr whether it waa up stain that this
fienversation occurred ; beligvg I started
from below; think I remained up stairs
no* more than a minute or two; don't
know that 1 converged with any one par*
ticalarly; the first place I saw Cunning
ham he was sitting lq'fbe hall handy to
the door, with bis bead on his breast,
sitting flat upon the floor against the wall;
think his legs were stretched out; on
the right band side as you go in at the
dotfF j about three feet from the front
door; saw people in the hall and the bar
room; think it was in the kitchen that
some one sail} the dector should be sent
for; tie defendant assisted to take Oliver
up stairs; I went up behind them ; did
not go itjto the room again before going
Sr tjie doctor; went after bin. and oatne
ck with him ; I went up styjrs with
him and came down with
when he looked at i I was at 'he
Hotel till J)alf.past 3 o'clock; John Oliver
said he was not badly hurt; the doctor
knew there were others badly hurt; 1
remember of tho doctor examining Tee
pie ; Teeple sai i he was hurt down here
(on left side) ; think was
Hrougfct i#to the room; did aot see the
dootor examining Cunningham.
Mr. Thompson, for defendant, objec
ted to the testimony in relation to Tffple
The Commonwealth haying proved by
the Doctor the nature character of
the wound of J'eeplc, now proposed to
the witness who was prevent at the
examination—(the body of Cunningham
lying in the mom)—what took place at
that examination, as part of the ret gtt
tsf of tye whole transaction.
The court the witness how long
it was between the time th# doctor was
called in aud the .time be examined
Tee tie.
Mr. flWetjted that evidence
of the character of the wound of Teeple
was no part of the ret gettm of this case.
The defndant was on trial for the mur
der cf Sidney B. Cunningham, and pot
foj- of Teeple; hepce, this evidence
was irrelevant and had nothing to do with
the case.
Court qverrulod the objection, and r.o-.
ted an exception.
Witness resumed.—The doctor probed
the wound and said he guessed the rib
stopped the iustruniept; there were very
few in the room at iho time; the dootor
asked Iwpje if he was hurt; he pointed
withiiis hand where he was hurt, we
took the things out of Cunningham's
pocket after he died ; he bad no wcap
ons ; a pa>s book, pocket boofc an 1 some
other little
I think it was about one o'clock in
the morning. I never saw the knife be.
fore nor since; never saw it once ;
didn't ace at what time Adlington enter
ed tie sitting room;' I believe 1 heard
him say that if those men had not been
killed there might have mojre men
killed thyjn there was ; this was in the
£aj about two o'clock, a. m., after
Cunningham had died; there were a
number present, James Gibson, William
Qibnon, James Marshall, were present;
can't tell bow io,ag we had been in the
ed himself to any one particularly; no*
ticM jpotbu>g out of the way is his man-'
ner; don't know what led him \<f make
the remark ; I believe they were talking
.about the fight; believe I have staled all
that I saw .him do.'
The Commo::wylth offered to ask the
witness if his saw any other person pres* <
ent with **ms on thjut flight.
Mr. Thompson objeote-i, and the prop*
osition jras reduced to writing The ob
jection was iha* it had no oonnection
with the ease on trial.
The Court admitted the evidence, and
noted an aiccption.
Witneaa resupped.—l saw no other ff-'
son with weapon* that night.
By the Court—-£ad none myself.
Witness resumed.—oaw no one strike
tha defendant; beard no on* use an in
sulting jjqr improper word to the defend
snt. '
Cross-examined.—ffoi flo previous ac
quaintance jriAh Teepie or Cunningham;
Upre were ten or twelve ladien and more
gentlemen at the party; I came to the
party abont ten o'cloefc ;' flaw# from Mr.
James M. Marshall* to the party; came
to Portersvilla about sp. m.; was at 01- ■
tver's directly afUrwjwb; aaw Teeple
and Cunningham -
tween seven and eight o'clock; I want
down to to get my wife when
the party commenced; wa* when
th V — A»ningh*i—came;
tpt st w tM« i* Ike bar-room ; they we/e
jrarming themselves at the fire;
place I aaw thcyp in the hall, they
,1 12•» f or °J tX * n # * nd 9
o'clock; beard these mea talk »bopt Ol
iver, and swore thwr could ffoip that man
(the landlord); I heard
speak of thia after eating feia oysters, and
returned into the sitting room; he (wore
he could whip that landlord; he said "by
Goi be didn't care a damn for that land
lord nor any flther damned Lord ;" Jones,
Kir leer, M Claran and othera, were pros
ent; I believe he Made no tbrwU what
be would do—only what he could do; ho
made no tbre# that be woald kill the
landlord before the houM; think
bo aa}d be *ould whip him bofqre U left
the house; think he did not swear that
he would kill him; be aaid be had in
sulted him; Mr. Qiirer was not present;
they started awsy shortly after they had
paton their oyster* and I did not see them
again until the party
they said they would go and take a walk;
thgik Cunningham was drunk; don't
know whether they hat) a bottle;' the
dance had not ye) cum me need ; they yero
gone.l do not know howjlang; ha|f an hour
afterwards 1 went for my wife ; prubahfy
about 16 miuutes afterw»rfl# th4y oame ;
they were in the sitting room ; next saw
tbeta in the dancing room ; think they
wore baek before li p. m.; aaw Cunoiug
ham dance once; dou't know whire {
next ww him, about an hour Iter he
daooed he had the with Fred.
Bowder; think it waa 10 o'eloak when I
left Mareball'*; there f«s a clock there,
and om at Oliver'a; believe I saw Sid
ney Oliver in the rqqa of the fight; he
waa holding the light; he held a lamp;
'■tood by the Qreplaoe; don't mind of the
licht going out; saw Sidney moving as
♦hough going out; know James Auiber*
son; did not see him in the fight; did
not see Henry Bowder in the fight; went
baok i tfff) the parlor alter thq fight; Juiin
Oliver and Lafayette Shaffer were there
fighting Teeple; saw nothing of Cun*
gingham after be was knocked dosvD tjll
1 saw him fitting in the Hotel; thitjk it
waa mote than five mipuies afterwards
that 1 went ror t}>e Dootor; think I did
i)ot see Cunningham before 1 went up
sfairs with Oliver; I was not out in
barroom before going up stairs with OIU
ver; there was no light in the hall; it
was moonlight, and you could distinguish
objects in the hall; it wag light in front
end of hall; the front door was open ;
there was nothing to prevent seeing an
objest where Cunningham sat; do"not
recollect whether I saw him then ongo
ing up stairs; saw Teeple before going
up ; he was lying to the left of the door
goiue into the room from the hall; he
was lying at full length, head towaid the
door; Teeple was sitting in a chair in
front of the fire ip the pallor, when tho
pords in reference to New Castle were
uttered; Cunningham jumped up at the
mention of New Castle; Bowder and
Murxhall were at my right hand in the
parlor; Bowder was tyo' or three feet
from tho door; 1 was doing nothing at
tho lime Cunningham struck Bowder;
saw him knook John Oliver down beforo
I took Bowder out; think 1 called to
Henry Bowder to come to mej Cunning
ham had.his back to the hall' door, whon he
struck Oliver but once and knocked him
dowu ; don't know whether he retreated;
Oliver fell with his head toward the
North room; Henry came and took charge
of Fred Bowder; think the figfei did not
laat over five minutes; the fight had
csasod when we took Oliver up stairs ;
saw ,Qliver and Shaffer strike Teeple ; he
was par .ly on the floor, facing the North
room, when thay were striking him; about
half way betweeu the door end tho cor
ner oi the room ; Teeple was not doing
anything; don't' know whether he hal
looed or not; it was some two three
minutes after I took Bowder out when
this occurred; this was after I hallnoed
to Henry to come; I went in just after
Oliver and Shaffer went into the room,
probably lor i minute afte'rpards; dod't
know wh«re iLenry Bowder went; about
the time I was taking Fred out I saw
Teeple on hia leot; tbe lamp, I believe,
was on ,tha mantle piece: I think the
light was hot out; 1 passed through the
door jrhero Adlington had been atanding;
1 did not aa* which way be went; think
he atood about Ae middle of this door ;
thfnk it waa Dunividdie Marshall who
helped me take Fred Bowder into the
dancing room; Jofee (Oliver was io ; so
was Fred Bowder, Wm. Kirlcer and Mar
shall ; Amberson I did not see ; thinly
\Villiam Prioglp yas in the room ; tbi
room is about 25 feet long; didn't pee
Cunningham go out of thf liafll 4oor;
don't think I had a better opportunity of
aeeing than ether*; did not Give exact
length of knifa; only supposed it to be
of tbe dimensions I havd described J I ]
only glanced casually at it; think it was
a knile, beeause it looked like a knife ;
did not *«e the handle; oould not tell
what kind of • point it had ; aaw the
edge ; blade waa the eolor of other knives;
the broad aid* of it waa towards mc when
I aaw the edge ; it looked aa much of an
edge on one aide a* on the ot&'e'r; it waa
a straight knife; think it was a sharp
point; think it run ton point; think
Manhall waa in the same room with me
—the parlor ; had hold of at tlwe
I aaw ' Adlington in the door; that
ja my bust recollection ; pushed through
thi* door to the danaing room ; next time
1 *aw him he waa hitting Q&rv with a
chair; it wa* an arm «hair; he tool hold
of it with both banda; don't know what'
portion cf th* hi'Qlivar: saw ooth
ing in Adlington'* hand bat t!he chair,at
that time; it wan three or four minutea
after I aaw him with the kni£e, thai 1
saw Aim with the ohair; if had
a knife nt that time, I know of nothing
to prevent my teeing it: Oliver wail cm
Teeple wtwn £e wa* Jut; Teeple waa
fnalOng po rerotanne; believe hi* leg*
JT«re partly "str«lehe4 <w tfo jfioor ;
saw three or
Teeple opce; saw Oliver strike him tw9
•r three tuueß ; no iron knuckles were
took off my poai jfor a fight; I
might faavb (aid "H«i« one little man
that haa not been whipped yet;" I bo't
! this knifo (exhibited) in New Caatlo, iu
I January; carried uo knife previously;
there were anpw drifts when I bought it;
I kftd iicartnhe threats of these men, aud
deioriniueil that I would defend myself;
they sworo fhey could whip any mau
there; he (Cunningham) swore by Qcd
he eould whip any mau or iu But-
Sr oouoty ; thia was immediately after
ley had oaten oyster*; the banter against
the landlord wa* tnadd just previous to
thia; I think it after I camo down
(tain firm John Qiirer, thst I daw Cun
oingham in th« ball; saw Tot pie before
I went after the Dootor; I knew Teeple
was on the floor, but did aot know that
he waa h|jrt; thiut I heard that Cun.
ningham was cut before I went for the
Dootor; I think it waa pretty near 12
o'clock' when we went for the Dector ;
thjnjf •' was about 1 ( hours ijfter I he fight
commenced till Cunuingltapi died; the
fight commenced about half past oleven,
from the tiqie 1 first knew he was cut till
he I had iron knuckles with a pis
tol copjjfeeied with them ; I did uot have
them on that night; I gave them toJohn
Oliver some tjiren months ago; 1 got
them a while that day ; I gave them back
to John Oliver a little after dark; I had
them only about 15 minutes ; the pistol
is a six shooter, and could be used as a
knuckler; I got it t>aojc for tfeft purpose
of keeping it; it wag not in my pockets
at the time of the fight; it is a revolver;
no dagger connected with it; I bought it
in New Castle; I got it to shoot dogs ;it
was small; used metalie cartridges; think
t/xcire were other pistols where I bought
this. Here a diagram of the roojps of
the house was exhibited, and the witness
thought if correct.
Direct.—people was lying in the same
place where Oliver and Shaffer were
striking him ; think the door from the
hall into tho sitting room was open ; saw
Cunningham knock John Oliver down;
that was the last I saw of him ; when-1
cauio back they were striking Teeple on
tho floor; saw Adlington jacking fct him
—at his keail ; it was after Oliver was
hit with the chair that Adlington kioked
nt Teeple; I think -Tesple called out
(about tho time I took Fred Bowder out)
tod said: "For Ood sake, if thue are
any men among you, come one at a time.-'
Don t know whero tbe defendant was at
the I time ; oau't say whether tho de
fendant was one of those who were around
Teeple when he oried out; didn't see the
defendant in the dancing room at the
time the three men were around Teeple ;
can't call to mind the persons who sur
rounded Teeple at tit* time he made tbe
expressions.
Cross examined.—There wero some two
or t hreo, or four, or five person* ; could
not say how many;' thare were *om«
tier-c ; did not recognize who they wero;
there was great efcjtenjeut anct alarm at
tho time ; great deal of noise and confu
sion.
Court adjourned tiil 9 A. M. to morrow.
Tcesdat. March 12, 1867.
The curt met pursuant to adjournment.
Tho' prisoner, John B. Adlington, waS
brought into Court by tho Sheriff. The
Jury were theu called by tbe Clerk and an
swered to their names.
Sidney Qliver iieorn. I live in Porters
ville, with my mother in the tavern h;iuse,
kept by my brother, John Olivor. I was
present on the night <>f the24tliof Deeem
tier last, at a ball at tbai house. Calvio
Weller, Henry Bowder, Frederick Bowder,
Jolin L. Junes, Go irgo i'ringle, Juraet Fos
tcr, James Marshall, Uriah McClarran.Wm
I'ringle, James Lafayette Shaff
er, wero present; John B. AJliogt.n wiii
present; Sidney B. Cunningham nod J. 11.
'l'oeple, were there: \Viliiam Kirker was
there. I was not present at the caiumeuce
inentof the difficulty; w s up stairs: when
I camo down the fighting was going on ;
think I saw Fred Bowser get up ; saw John
Oliver oome into the room; he threw up his
hand that way, [rhnwing how he «fid ]; did
nQt lure him sny anything; he 'came
through the noith ro m; saw him fighting
with Teeple; had him by the right wrijt,
and atrucK him back of tho ear with ..hit
right haod with his fi.it; did ttoj, eee any
weapiu ; I think 112. went out of the loom
then, out ibto 'the 'hall ; there were some
women on the stairs. When John was fight
ing, Henry Bowder, Fred Bowder, l.ntav
•ite Shaffer, John Adlington und others,
were in the room, don't know that Cunning
ham was in lb* nom; don't know tl'fttbere
were any pejrson in tbe hall; while I was in
the hall I »aw some one draw a chair in the
room; saw lighting g"ing on in the sobth
part of tbe sitting ruom; could not see di»<-
tmctly from riiy wsition; don't know who
drew the chair. J webt hito'tlii room when
the fight was aboutover; I siw F>cd Bow
der I" tbe silting ro6m, he wanted to fight
Teeple who' iff a" lying 'by the door ; I ihlnk
be wua intoxicated, do not know what he
was d«ing ; he wanted to know who
struck him; Teeple made no reply. I dont
remember where Cunningham was at this
time; I think I saw Cunningham about 5
or 6 feet from the north room dooT at tbe
timo tbe fight w£a on; AdluigtOn was
standing with n a few foctof him with soma
thing in hia hand shaking it. I thought at
that time it wa* a knife he had in his ha>>d,
be was standing about this way [showing
altitude}; di'dhT lieur bim any anything; he
looked as though he something,
but I oould not hear bim. Cunningham
was within four feet of biflJ; wan
witbin 2 feet of tte nortfc room d-or. and
Cunningbatu abjut six feet from the door ;
h>* face waa toward jrho was
facing the hall, in tho MOID Ironting Cu&-
iiingham. Don't think tbe knifewas points
ing toward Cunningham ; he pointed it
straight out, Cunningham was at his left.
He waa standing perfeetly still; didn't hear
KSm tay anything, Adlington looked exei
ted, all in the room did at' thiit time, did
not see whero Adlineton went; I was car
rying AN lamp out then, t did aot see Cun
ningham after'that till I aaw him intbohall;
think I taw him in the hall when I went for
the doctor, I banded the lamp out of thf
door to Uriah M'Clarran; I did opt .want
them to burn the house, so I took the tamp
«ut as soon as I could get it out. It h*u
remained on ths table previous to that timo;
I got bit just aWit that time by Frederick
Bowder; he oame from the east part of the
room at tbat time; I waa bit before I got tbs
lamp out uf uiy hand, passed the lhuip out
to M.Clurran; went back into the r.ioui and
saw Teeple a clmir, ftoij >&uies Uib
son and myself eaugbt it and would not let
bim ihruw it. Don't know who he drew
tbo ohair at; John Oliver then caught l'e« r
pie bv tbe wrist and struck him. Shrrtly
after %at Teeple waj'duwn and I went lor
tho dootor; John Adlington sent me for ibe
doctor, that John waa hurt. AdMgti n and
Jonts ware with John Oliver then in the
kitoben. He told me togoou for thfedoctor,
bt, John,'Was huft | thought he was not
tnuoh hurt. Teeple wns lying on the oil
cloth near tbe door in tbe sitting room; be
hallowed three times for Klrker : he celled
''Kirkerl" three timet. Think Henry liow
der aud I raised him up and gave him a
drink; jau't remember that he suit) wyihing
at that time about his hurt. I think we
nut found Cunningham in the ball, in a
titling position in the ooriier of the hall.his
tags stretched out. I asked him if be was
huo. be gasped ; 1 went and told the dootor
be Was badly hart, thought I saw Cunning
bam lying aorvst the hall, and I had to past
over him ingoing for the doctov. Some
une moved him while I was gone for the
doctor. Itm.ght hatebetn somebody alee
lying there, but I believed it to he bim at
the time, tod tbink so yet. After this I
went up stains, tbihk tbe doctor wont up
too; Jonu Oliver »as bleeding. Adlington
was there, think bt told the doctor it would
be better topnttoouplt of stitohes In Johti'p
eyebrow, Mrs. Adlington wanted her hus
band togo home, he tsia he oould not find
hi* bat. 1 left iht room firxt; next saw him
washing bis bands; laid he had been he!p>
ing the doctor probe that man; he had blood
on his bauds, and dn'his coat; he eaid tbat
wouldu't hurt, he bad got it in there; it
woulJcome off in a moment; think it wat
Teeple bo helned proht; think he said he
fVS' going home, end ho asked me to oomt
and waken Film if anything shot) Id happen
to John Oliver, or the rest of them ; told
me what window to wtap upon; showed
about how lortg the knife'appcarod to be.—
Couldn't say what kind of a knife it was
I formed an opinion, at theiime, as to what
kind of a knife it wa»; it looked like a butch
er knife; I hever saw the knifo before or
sine,9, 1 did not hear Adlington say any
thing about a knife, nor did not see him at
any other time with n knife; saw no
person haveouything hot a penknife; saw
no person stiike Adlington at any time dur
ing the evening. Heard no one use any
insulting remark toward Adlington. I went
for doctor Cow Jen ; I returned be fire he
CAine; was present a little while when* he
waß examining CutVningham, saw him put
ting in bis b'wele; think John L! Jones was
holding the light; there was some one else
there but I don't know who it wait.
the Court. —I remained in the room
after I was struck, a good littJa While. This
scene was after, and at the time I was ta
king tbe lamp out. I went to the back
poroh after tbe fight, came out into the hall
and from tbat to tbe porcb and the kitchen ,
Pid not see Adlington strike my brother
with a ohair; saw some one 4raxr a chair in
tbe South side of the room when I was in
the hall; 'I don't know wh6 it was.
Pruu Examined. — f livfd, at that time,
on the farm, but have lived at ihe tavern
ever sinte the figbt 112 did not know Cunning
hum and Teeplt atthft time; I came
belort dark; I continued there. They oame
between 7 and 8 o'clock, I judged by the
way they talked tbat they came from New
Castle- 1 don't know what they came for;
Cunningham wai drunk when he come; saw
no whiskey ina bottle; don't know that they
h«d whiskey; think I hoard Cunningham
ask if Teeple would tako a drink , Teeple
told Cunningham to get on hie overcoat and
he would walk him round a square or two ;
were gono 1} hours. I mind of their com
ing back but not what timo it was. Tbey
got oystors ; Cunningham swore he could
or would lick that U—d d—d landlord, or
any otheT d—d lord; he Could be coaxed,
but oould not be drove; ho considered him
self insulted; pushed the oysters baek. and
said be couldn't eat them with a gf-oi eon-
Fcience; he had biten drinking toa*ls, and
John Oliver told him there was enongh of
thut; this is tlx way thn quarrel commenced
at that time. Tbe toaats were drank in the
sitting i-(om. It wan tbe loud talking tbat
John objected to. / know of my own
knowledge that John said he would not
have vulgarity in o»nvcr>ation when theie
were la lies present. He said he Would not
b& talked to in that way, if it tvas the land
lord's way of talking. Cunningham was
violent, enraged, angry, lie ropoated his
ban'er frequently—two or three time*. I
think it was before this he asked Teeple to
take a drink. They were not in the sit
ting room more th in 15 minntes aft'r tbey
ate *beir oystors beforo they triok their
walk. H» use I these banters often while
in the room. I went out and told my
brother ho bad better be on his guard on
acoouut of the way Cunningham was talk
ing. / taught he was going ti pitch on
him, from the way he was talking. There
wero some ladies there. They went not and
were gone an hour and a haif, or two
f,oors. When they eamo back I heard
ihetn apologising to John Oliver on the
pavement. They came into the dancing
room, Cunningham danced one sett; was on
'tho floor about fifteen minutes ; Teeple was
in the papers on his knee by
tbehro.' i/aw Cunningham play tbe fid
dle after ho hid danced; think it woi a
wain, or dance; this was fifteen twen,ty
minutesnftcr he danced—/walkW through;
board .him playing the fiddle; the next place
I taw Lira was in tfct fight. D. n't know
how long afterwards; / was up stairs whei:
the fight corninienctd; 1 was up not
niore thnn 15 minutes before the fight com
menced; Mrs. Wellcr, Mils Weimtr. Lafay
ette Shaffer, .I/its Pilei and myielf; wben
I went'
rooni; tbe fiijt thing I saw was Federiok
Bowder getting: up. or going down, don't
kn which; there were a good many in
the ronn.aud there wns a good deal ofooi-t
and oxcitrmerit, it waj nur very long tftfi
Fred got up when I took tho lamp out ; I
think I was oytrf the room once, aud taw
Mrs Adlington on the stairs; she inquired
if John wns in the £gbt; tbink this was
about the wind op of tho fight; Teeple
drew the first after
I was in the half, a chair drawn by
t me one. pido't know who was fighting
tt'that time; it was about half a minute
after 1 saw John Oliver take Teeple by the
writ!, that this second Chair was ra : »td.—
Think there were one or tyo with Teeple
when 1 .yreot out for water ; Henry Bow
der wot one of tbem; 1 bad tbt glass in my
bsnd daring tbe fight; someone tock the
tumbler from nio for fear 1 would throw it; i
must have gcjieiuto ttt bnr-jOon./>r anoth
er tumbler to get water fyr Teeple. 1 was
in the kitchen when Adlington and Jones
bad John in there; 1 was the fiist one af
ter tbe doctor ; 1 was cxouiioed Icfore
NUMBER 15.
tEt Inquest. Believe Adlington told mo
at J ohll 57; |J
dit; (hick 1 told the doctor Joii.. ud
ly hurt, end others were DM:. killed • I
fcSW. Fl #et wt »* *»• dot e;
oliud Cunningham sitting in the outner '
. doctor »M in the room at thie time with
leeple; I might be mistaken, but I u« it
P tt.n enough to think U a knife ; a
bleeding stick ,t my father', b, u,e j 'cou'J
not mistake the .tick for ibe knife; it U
there tet at Oliver a boune ; it ig' about tho
knif ' : " U *>•*'* "Hi,
J? 'V *•*'j tll0r « *». uot a drop of
liquoi ID me before the fight; drank i° u ,
Afterwards; Br brother's bead wti bleed
ing profnrely when I taw him in the kitch
en j X borrowed a penknife on that eroninir
from Qeorgt Pringle; hod an old one ofmv
own; don't Mow what I wanted It for; had
it before the fight commenotd, and before
Cunningham and Tetple cam# there ; bad
|t two or three day*. Adlington hauled a
load ol ot al with John Oliytr's team, and
from our bank, the next day, or dav after
the fight j brought it in abuut ten o'clock in
the morning.
John P. Oliver ttoorn. —l live in Portern
ville, and was keeping a public House ; had
a ball on the night of the 24th of December
lost; there were a great mKny there, don't
remember all, Ueury Bowdßr Sidney Oli
ver, John L. Jones, Wni. Kirker. Mr- Tea
pit, Sidney Cunningham, Fred Bowder,
Dunwiddit Mai shall, Uriah
J>hn Adlington, and a number or others •
there were also a nunibtr of ladies there-
Cunningham and Teeple cnme aboit 7 or
8 o'clock; first saw them in my sittine
room; they did not call to stay all night :
1 had not been acquainted with them bo-,
fore thfw. llenry Bowder came into the
barroom an 4 (aid me to ooope in and stop
them from blackguarding. 1 went into the
parlor and Cunningham pulled out a bot»
tie and passed it around ; they commenced
blackguarding, and i stopped tbtffpij tolc|
them 1 would not allow arything of the
kind in my house- Cunningham said he
would not take that, and pulled off bis
coiit and both ot them pitched at me, when
1 retired from the room: On the pavement
1 met Adlington; told him we had a fuss in
there, and that probably they might pitch
onto me again.
Mr, f'hompson, on pait of the defenlant,»
objected to any conversation between wit
ness and defendant at this time as being no
pmt of than'e# gtslah.
The Cemmonwealth was ordered to put
tho proposition in writing.
The Commonwealth proposed asking Uio
witness—who had related the difficulty that
hod already occurred in the sitting room, to
Adlington—what be replied to It, as show
ing that it was a part of the entire trans
action on investigation—a pari of the re*
getlae of the cast.
The Coort said they would receive th»
evidenoe, and note an exoeption.
Witness resumed.—Adlington lives across
tbe street from my h use; / met him on tfc*
pavement; told him they might pitoh on me
again; be had better leave his knife at humc.
lie said he had no knite with him.
Mr. Jf'CartJiy, fdr defendant. objected to
the evidence of whether the defendant had
bean in the habit of carrying a knife pre
vious to this time, an tending to establish a
character of the defendant before a doot
was opened for that purpose.
'1 he court admitted the testimony.
Witntss resumed.*-/ taw him have «
knife, in my stable,long abtot harvest time;
think / have seen it once sinoe; some knife;
I think I taw it again some time in Desern
ber, in the ball of my house ; don't know
on what occasion, pot mqre than a
week before thia difficulty, / think he was
showing it t6 some man from New Castle,
who was stopping at my house; don't know
bis name ; these are the only timee that /
have seen the knife; b° Parried it in his
bosom; did not observe how he carried it;
he put it back each time where he pulled
it Irom; it was a two edged knifa, near a
foot long—from ten to twelve inobet; Made
about 6 inhcesj abeut an ineh or an inch
and a quarter bread in tbe blade, a wood
handle; it was a common butcher knife.—
This was the knife /referred to wben t
toll him not to bring bia knife ; we were
walking toward the hall door and both of
us went in.
Adjourned till 2 o'olook, p. m.
AFTtRNCON SESSION.
Tbe prisoner was brought into court by
the Sheriff. Jury called and answeiod to
their names.
Mr. Oliver recalled.—From tbe time wt
entered the houee together—Adlington and
myself—/ v?as attending to my own busi
ness; / pasred him several times in the
bouse; saw him once in tbe dining room,
and in the dancing room; think I did not
see bim up stairs before the fuss ; saw bim
dancing; don't remembei 1 wl at timo it wan
wben / saw bim dancing; tbat was about
one half an hour befofe the fuss commenced;
/saw hiui more than once in the different
apartments of the house; Teeple and Cun
ningham jveio Bat j}* oysters alter ( Bowder
called me in; they called for the landlord; /
went to the door and showed them th 3 din
ing room and told k thcm tlieir oysters wern
ready; they went away and were goao iW
hour or an hour and a half afterwards; when
th«y came baok they said they knew how tq
sot as gentlemen and they would dp so Irom
that on ; told them long as they would dp
so they could take part in the dance, believe
Teeple first mode the apology, and Cunning
ham joined ID also; this conversation took
pi .ce in ibe silting room ; th<ro were other
peri'ns present in the r<om; dont think
either of them at this time were under tho
influence of liquor; Curio Dgham danced
with Miss Pile; be did not dance more than
once; Teeplo did not join in (be dauce tbat
1 saw ; T> ep!e wos sitting by tho firo in the
sitting room when Cusninhara was dancing;
saw him dance and play tbe violin; he play
od after dancing; don't remember that an;
person danced when he played ; next I saw
ha hit me above the eye ; half 112 ast eleven
o'clock wuen he bit me ; it was in the par
lor , I Wht pasting "through tbe room wben
he playeJ the violin ; Fred Bowder wan ly
ing in the door of the r oro ; / asked Cun
ningham what wa» tho matter, when h«
struck mo aud knocjttd me down ; be then
strurik 'it me 'yrith a chair when / was lying
on the floor; wben /got up /looked for hint
and he was gone; Teeple was standing
about three feet frojn me ; he was watching
rae as though bo was prepared to atrike.—
IHe sfenwed the ppgilistie position], I went
! foi him, and hit him ; he went up, in tbe
corner ; we took bolts and kept fighting on,
/repealed the b'ows ; tbp north-westerner
pf the sitting room , b.o did not go down ;
we fought along past the Are place toward
the hall wben ha wept dowfl, and hollowed
I letgoand'sauie.dne took me oui;
b'e was then in 'he South part of the room',
an tbe right-hand side of the door of th#