r jom, left side going in ; did no* strike him after lie was duwn ; did not get down upon him ; scppose I hit him four or live time* on the lace and head, llis precise word as lie w»s going down was "enough!" Be» liere he went duwn backward ou hi* knees t he attempted to Btrike ine ; heard him my "if there H any men among you come oue at a time!" there were several persona standing around ; ooutd not recognise one persou ; had ue know ledge .if who they were at the time ; sow three or four when lie went down; I went iuiuiudiiiic>> into the North tooia ;no one took hold <Jf me till 1 got to • the doer ; Margamt Newton took hold of mo then: did not see Cunningham' lifter b* Btmok at ine with the chair ; oould not >,4* what became of Cunningham after ; 1 waa three IT lour Rtepa ir.to the rjom when •truck ; 1 fell with my head to the door <f the North room ; ho s'.tnck viih the chair 4muicJiatslv;Jl knocked off the blow with my Toot; I an* ttie chair coming and wafiicJ on the Wow ; 1 looked for Cunningham but did not see him; I was about threo K»t fioro the door when Ig it up; 1 saw no one in the room that 1 coulu rec ignize but Teeple, and kept my eyo ou him. He was standing on . tho North fide of the Hie and within threw ttct of me j saw no one strike Teeple tor Cunningham; did no! see lh>m strike any one else ; did not see the Def ndant in the room ; X then weut into the kitchen ; Mrs. Adiington aud Mr. Adling'on and Jones were in the kitchen washing the bl 'od off me; think i heard Ad'ington talk abut tending for tho doctor for me ; I was tukon up stairs by Mr. Adiington, wife, and re\- cral others; 1 was washed and a dry shirt put on ine. it was on the suggestion made in the kitchen by that the doc* tor wne sent for ; lay wounds were dre-fed ; I WIIB not down stairs until the next Wed nesday 1 was not at any t'uno engaged with Teeple while he was on the floor ; it was aftfer 1 was knocked down that 1 am tuld 1 was hit with the chair. By the Oour<.—l think i was struck with the chair just bafore, or at tho time Teeple was on the floor. The back part of my head was cut back vf car. Cro>sexu:nination continued.—The other hurt was on my iace ; that was done by Sid ney B. Cunningham. Those ate the only two hurts 1 had in the fight. I saw no weopecs in the hands of any one during the fight. 1 had a revolver myself. 1 etru <k Teeple with it. There is a hole iu tho but of tne pistol to fix it on the hand. 1 had it on when 1 first struck Teeple. 1 had it all in my hand hut did not strike him. 1 suw no weapins io either Teeple or Cun ningham's hands ; nothing but the chair in Cunningham s hand; the defendant said nothing while up stairs about any body else being hurt ; don't know whether the doctor dros.-ed my wound first or not; llrs; Adiington came about 9 or 10 o'clock ; don't know who came with her ; don't know of his leav ing the house at any time after he entered it with me. Cross-txamined.—San ,no marks upon the knife ; it was an ordinary butcher knife ; don't knowthere are] others just like it ia the stores, be (Adiington) was in the dining room while supppr was preparing; 1 think my wife waa there also; 1 went into the room to quell the disturbance when Cun< ningbam knocked me down ; 1 put up my hand and asked what the disturbance wsi about, and was instantly knocked down ; 1 was stunned but conscious ; it was an armed chair he strck with , he raised it with both hands above bis head ; 1 did not hear him say anythiug ; 1 thought Teeple was inn position to strike; but lie did not advance upon me; 1 forestalled him by attacking him ; hit him with the but of thepistol ; the room was full, but 1 could not name them ; Teeple was facing me when he made use of the language quoted ; 1 think Fred Bowdei was taken out about the time 1 fell ; 1 lay where he had lain; 1 went out by myself Margaret Newton went with me to the kitchen, there was an artery severed on the back part of n»y head ; it was taken up oi compressed with a cent; Mrs. Adiington washed my face; Adiington assisted me nji Htrirs; think .Jones did not; 1 told the Doc tor togo down stairs as thero were men worse hurt there than 1 was ; 1 meant Tee pie and Cunningham ; the doctor did go ; 1 looked at the clock, it was between 30 and 35 minute* past 11 o'clock p. m. when the tight commenced ; there were some 12 or 1-1 ladies present, family included ; there win eome noise; there was a great deal of noise and confusion during the fight; Sidney did not warn me to be on the lookout ; 1 heaid Cunningham swear " by God he could whip any man in Portersville, or Butler county. I saw him take out a pint bottle and Cun ningham, Teeple and Jones drank; 1 told them 1 wanted no such toasts, nr 1 wanted that stopped ; 1 would have no such vulgar blackguardism in my house; 1 went out ol l he house when he three off his eoit; lit person interfered to prevent an attack on ni« bad they desired to do so ; Cunningham awore that ho would not take that off anv *>ne ; that is when he threw off his coat ; 1 backed up to the dooi and went out; 1 said when ho same back that he did not appeal to be drunk, further than the effects of it Cunningham was intoxicated slightly when he first came. He was a large man ; would wsigh about 200 p unds. Teeple was alsc a largo man. Teeple. when Cunningham first rose up, was near enough to have pro vented Cunningham from striking ; llenry Bowdev and George Pringle were nianngert of the Ball; They issued ih» tickets j on mv own responsibility, 1 told these men if they would behave themselves they could take part in the Ball; they had not been invited; this was afior they had apologized ; they oa, " e in a buggy from New Castle ; Mr. and Mrs. Adiington were invited gucsis. Jsi'rvL Hie bad conduct was bafure the fipnlogV was made; 1 had liquor it the house; I kno.v that some of it was drunk in the house; there was not much liquor drank: it was in the cellar in a iuir; lleurv Bowder, •Chlvin AVeller, Uriah M'Ciarran and John I<• Jones drunk: 1 took them down and treat ed; they were sot treated more than once ; 1 took one drink in the Ititchnn: there was no one present; 1 had it in a glass in the cup* board; it was about 6 p. m.; it this that 1 treated them in the cellar. Sarah Campbell nconi. —l was at »»lin Oliver's, in Portersville, on the 24th of ry cember last; there was a difficulty at that house at that tine, in the evening" about o'clock. Mr. Oliver came to the kitchen and said two men were there wanting oysters* 1 cooked them ; Oliver came in about the time they were ready, and said the in on were making a fuss; they came in and Cunnings ham was swearing; 1 beliere he said he would whip that landlord, lord, and would do so before morning; Teeple told him to eltjiis ojs'ers nnd not swear about Oliver so roueb. "1 can't help h," Bail? Cunningham, "you know he has insult ed me." Cuuninhum told Teeple not to talk BO much as thero were ludios th*re they went out of the ding room ; about txrif past 9 o'clock, or between 8 and 10 o'clock they oume hack again; Teeple was sitting by the fire in the parlor. About 15 min utes before 12, 1 heard Mrs. Adiington hal looing to Mr' Adiington, faying, "stop, John, for Godsakc stop, John." Adiington >vas going into the sitting room; 1 don't Jcjiow why she made these remarks; she wit* la the north room; he was running froui the north room in tho sitting room; she was about the middle of'the North room : Ad iington had his back ti nic and his lace to ward the sitting room; he was rminning: 1 did not observe his hands; he appeared to be very muoh ex-ited; 1 did n .t see snv - S o,n i> "0 i" the parlir; 1 l.eard'a T ■ ■ ... _ » noise; but could hot ttll what was said; 1 heard aery of "oh I" at d some one fall, just afio» Adltugtcn went into the room; could uoteee iuto th<; roim fr<>m whese 1 s'ood: 1 was standing lit tho door 'between the ball rdom and'the kitchen; saw Adbltgton eom iug toward me and 1 asked biui for Gedsaks to tell ine what was the be said v.heru is that knife? Mrs. Oliver *J« ?n the kitchen; Adlington j-Oihed me aside and laid, ''Damu you, rfliere are the knives " 1 started into loft dining room and gut cm« uf the carvtbg kaivci; Mrs. Oliver- got the other; 1 <jonccalot} .the knife in my dress; 1 Adlington Adlington in the kitchen do<ir; 1 («w no more of Adlington; it wu* my going into the pantry that prevented uiefrotu Boeing any move of Adliuflton: it tu about SO minutes to 12 o'clock « Don 1 went to the pantry ; the tight was over about that time; 1 think Miss New tun wis in the Nt rth there were others there also. at the time 1 speak of.l t,ibVr>. AdUngton in the kitchen, butdon't knew w here fhu nciit;sl lelt the carving knife hid in the ratify, ana returned to the North nom. John Oliver ?tu coming from the sitting room all covered with blood, 1 think fonje one wa< with him; I we it and looked into tho sitting riora tut did nut >ee any one; the light was tot bright; think there was a lantern there. Igit a lamp and came buck into the parlor, Saw i eeple sitting on the oilcloth by the right side of the door as you g > into the room, tic was Sitting leaning ugniu-t the wall, with his heal leaning fm* ward, liis hands hanging down. and his laco and hands blout)y. There <tns blm-U on the wall be>idc himj'l think hed.il ed for Kin kr. lie groaned. lie cured for Kirkerjust as 1 va a passing cut of tbe rcom. 1 saw Cun ningham lying in tbe hall, with his head up against the wall. 1 juit la ked nt him as 1 nas.-ei through the Ilall. He was groaning. Ho said i othing. 1 saw Oliver and some other persons with him at the head if the steps of tho (.tails going up. 1 think 1 faint el andknew nothing more until 1 fonr.d my self titling iu a chair in the North rinm. Mrs. Weller and Misi Newt in were pro>en». 1 went to tho sitting room. Dr. COM den was theie leaning over Cunningham. Jones. Wgller and others were ptcitnt. lie i>M Wilier ii examine Cutirnnghini's jioek n tß and tak« cut tii« contents. 'J hero was a small p.>t-k<.-t;rliotOKll<L'li lAlbum, a pocket hook, and several other little things. 1 think he was conscious. The Duct r .tsked hiin if he kuew if he was agoing id die? — lie nodded liis head aud sai l, "0, Ood ?" or '•Aly Gcdlis it so?*' Hen-kid for water, and it was given him. lie asked where Tceplo wan,or the*<uaii that came with him; or he made nte understand that was what he wanted to say. lie* appeared to suffer: af tor that he called for some young lady. 1 could not under»tand her name distinctly. 1 first understood him to say "Sarena," or 'Arena." lie leported it several times.— Before this 1 asked him if bo had any word to send-to his mother, lie said something but 1 could not understand him. Kirker told me ho had a mother. 1 did not say anything to Cunuingham before the Doctor came; there were others in tho room at this time, hut 1 dotit know that they heard it.— Don't know that Adlington wa« iu the room —ho might have been. l went up to tbe room whereOli er was lying on the bed. lie was surrounded by his friends. Did not see Adlington there; after the fight saw Ad lington coming up from the cellar to the porch- 1 did not notice which way he went alter he oame out of tho cellnr. 1 went back into the sitting roi.ui. lie had nothing in his hand when be came out of the cellar. The cellardoor usually stands open. Tfali k helped two gentlemen in Ink ng tho coat off Teeple und rendering him comfortable. Cunniughaui died a few minutes before one o'clock. 1 locked at tlie clock. 1 was in the room all the time, except when 1 went for water. Saw defendant about half un hour after Cunningham died. tint saw him up stairs in Oliver's rOOtn; shortly after this Defendant and his wife came down stnirs. This was seven or eight o'clock in tho motning. 1 was washing l'eepli's face when they came down During the fight 1 saw sonic one ruu into the kitchen and ! pick up a piker. Saw Jftmrs Am'jerson, but was not acquainted with him. Ciosa-cxamuted —l lot kcJ at the clock and saw that it was some 20 minutes to twelve o'clock when the fight commenced. My At tention was called to the fight by Mrs Ad* lington calling out as related ; mw John Oiiver brought nut of the r.iom ; think Miss Newton had hold of Oliver, u was nt his side—could'nt say it was a minute after 1 heard the ery "Oh 1" when I heard tbe fall nt a body ; saw Fred Bowdcr after Jno. 01 iver came out; did'nt notice any one holdiug Fred liowdct ; w.v. excited ; it was a little beloie Oliver came out that 1 went fr. secure the knives; toon after Adlington disap peared in the fitting rootn 1 heard the cry and the falling; think it was bctore that we went lo secure tho knives. A very short time after the falling, Arlington came in quiring fur the knives ; 1 was very much excited and can't tell the time thai elapsed between the time 1 heard the falling and that oi the inquiryjfor the knives ; saw sume oue go out at the street dior of the north room just after the light begun— it was not Adlington that went out, am not mistaken about Arlington's inquiry lor the knives ; he pushed mc aside and snid, "Damn you, where aro the knives?" He got neither of the knives. 1 met Kitker; lie said Sum; one had Mruck him over the rye, or in the eye, and he wit-hod he had stayed nt home; was not in the ruom when Dr. Cowden made the first examination Cunningham—he told me he hud trade an examination ; Sid ney Oliver pat soil me in the hall going for the D.ictur; a short time after saw Adling tun come out of the cellar, 1 taw Jihn L. Jones come up. Theie were some other persons came out of the cellar—J. L. Jones hnd a light—Adlington came fiM. There was a stranger came up with n bucket of coal. There was apple-jack in the south east corner of the cellnr; think they were after that; there was a lantern sat at the head of the stairway, which reflected light upon the coal in the cellar; was in Mr. Oli ver's employ at the time of this occurrence. John L. Jones, .stcor/i—l was at John Oliver's house on the 24th of December last about dark ; left at half-pan eight and came hack at 10 o'clock, and remained until about 3in tlio morning. When I was first there ».-> ths evening, Kirker and myself were tai.'cing together; Teeple and Cunningham eu ne Hiere about 74 o'clock; I knew them ; we shoai: hands and talked suciablv. Cun ningham nag funny—he danced about; he said he was taking a little spree—he was about to get married - theu he would quit off; he ttid ha could whip anything in Por tersvilte er Hutlor county. sat on ray knea and asked if 1 knew a girl b" the name of Elisabeth Roberts, nod to tiiow if she woald be at the party; told iiim J knew bet but did n«t know tint she wpold be at tbe party. He said he had BO gal. Kirker snid if he had na gsl, a gallon would do ; Teejsle pulled a flask outof liis pocket, and it pas«ed around nmnnji terersl *nd came around to me, and Cunningham gave jne n drink and then gave it ti Teeple ; he then asked to play a tune, hut -said he was to > drunk to play ; I should plav him hie f»s vorite time ; be d»no*d around and talked some : Olivet told him were ladies in the house and he cculd not allow sueli lan guage. There was some difficulty, and they, nt the suggestion of Bowder, took a walk, found thrui when I came hack : they we're in the dancing room ; Cunningham was call ing figures ; we ha 4 a talk in the bar room about the party : we went into the sitting room i I looked in at the dance. After the —J _ cotillion was over tltey panctß a-polkn j they bud some talk about tlie tun#; as 1 tamed lound, una an iking Fred lion - Jei ; • uw lnßi knock him down at the ajLv id stroke; 1 siitd "bold iii toys, this w® nut do:' 1 this quieted it for the oomieiit. foiue others ciuwdeii up ai.d 1 rfuta nay; Mr. Oliver came in and throw up liii Jinnd, end paid s .instiling, 1 could not faeur what; Sid ney Cunningham hit him and knocked him dowß, tut 1 tuppoittd, on the top ot liowder. The rush still came in,; law strne one pet * chair, and thought Oliver w as knocked down tliu feci nJ time ; Wm. Kirker was tTTI by Bowder ; Adlington said "yonder, yom>r!" and threw out hit hand toward Mr! Teeple. 1 supposed Cunningham to be in the crowd iightiug ; Adlingtou in a cur lier ; asked hiui if something could not be done t» s'op this; he then tushed into the cruwd where they were lighting; my atten tion was called to Teeple by the remark.— 1 said "'hold oh men, do stop this." Wm. Kirker eaiue in and told nib that toy little daughter was very much soared, iikoly t» faint ; went vut and quieted hei ; she was in the north looai looking into tiro sitting room ; sotue cue Imllowed out "t>hl" Then 1 aaw Tetple go down ; at that Mr. Adling ton came fill of tlleroiw, rushed pait me into the north room, and went toward the kitchen ; in a ► littrt time he came out of the parlor again with Oliver; d n't know how h» got linuk there, lie said, •'help to 'ake care of Juhu, he is tery bad hurt." I saw John; the flood was over his head and face"; 1 sai l, "why John, John, aie you bad hurt?" He fitM he tin tight he was; went to tl o kitchen, got water and washed if off; Adlington said twice, "send for the Doctor." 1 found we cuuld stop the blond ourselves; Adlington said, "send for igp Doctui, fur the other men." Adlington HA id, "we had better take Oliver np suite, he was worse hurt than We thought he was." Adlington, bi« lady 'ind tnyjelf helped him tip stairs. Adlington said again to send for the Doe tor. 1 told hint he had been aont for. lie soon came, and taid we had better look to the otlicr men. 1 did not hear any one say to Oliver, or to Adlingicn, or to uny other prison that any one was hurt; saw Teeple by the door; 1 said "get up he said "Met me 1 e awhile." The Doctor railed ire tn Cunningham; he was sitting with his head beet forward, b ; s chili on his ch'st, his bands by hi? ride ; 1 rni-od his lien+ and said, "why, Djotor be is cold." '1 he Doctor said we must n ove him to wlieio lie fan be examined. James J/amh.ili, Johu Kenne dy and mystlf, with some i tlieis 1 think (4iiker— carried him into the room.. Adjourned till 9 A. Rl., to-morr.w. WEDNESDAY, Mareh 13. The prisoner was brought into Court by the Sh»iiff. ''.'be jury was called and an sivered to their mtuics. By consent if the counsel of lioth* par tics, the trial of Adlington on the indict inent for the murder ol J. 11. Teeple, was continued till next term, ai d the balance of the Traverse jurors were discharged. '1 his was done because there was no probability that tlio prcseut trial woull terminate this week, ami tliet e was no venire for a jury for nest weels. The Court, nor the Attorneys wi-hid to impanel a jtirv ond keep them waiting in the chaigo of Constables. John L. Jones, continued. V e carried Cunningham into the room; 1 spoke to him ; he did not answer ; Teeple was moaning ; 1 went to Teeple and asked if he cnuld'nt get t' 12 ; he said "no;" he complained that Lis head was very celd the do r of the hall opened on it; 1 git an overcoat ai d put over him; 1 gave him a drink of wu'er; 1 turned to the Doctor, saw Cunningham lying with his j owls out as largo us my fist. 1 said, "w by, Doctor, is it pi saiblc'<* ' lie said lie would have to try and put them I ajk.— Cunningham tcok a diink of water ; said he wanted water and 1 gave, him a drink ; 1 put a pillow under his In ad. He then threw out his arms and 1 placed them on his breast ; Teeple s'ill complained of being cold : 1 got a mattrast an 1 placed him on it; 1 went ii,to the bar-room ; thrro were two or three there; Adlington wtf* standing before the fire, meditating; 1 told him, "Join, the L> clor say* one of theni men willditf." lie faid, "/don't gi\c a damn how soon tlmt was his tntfwer. — "Why," says 1. "John, John, li w can jou say so?", lie said, "why, let them die— thev got w hat they come for." Did not Beo Adlington at that examination. 1 "walked out of the bar n om to the pavement; saw J. 1?. l'ringlc , Cunningham was dead when 1 again went to the rot m ; then the Doctor arid there would have to be un examination. 1 went for Enquire Humphrey. When 1 Cume back they were taking \ ff Teeple's clothing, 1 helped, and laid hint on the sofa 1 went home about ihrea o'c'ock.— When 1 was washing Oliver's head, 1 eas fting to say, " Adlington, you didn't get urt." lie said "s op! dont fay What you know. lam sworn so senjresy—l tell noth ing, 11 clung to the Odd Fellows." This was while Oliver was in the kitchen, before he was taken up stairs. Adlington had no minks of hurt. Idd not see him ttruck or hurt. Did not hear any one insult him during the evening. Saw- no knife in bis l and or any other persons. Saw Sidney Oliver with a tumbler. Saw a knife in the defendant's haud on the 7th of September. Oljccied to by Mr. M'Oarthy Common wealth ordered to pat the question in wri ting. The Commonwealth proposed to prove that witness saw the knife with the ilcl'tpd-, ant prior to the affray, to be followed op bv a description of it, and show that it corres ponded to the one the wounds wcie made with. Defendant objects that it was no part of this objection, and should not be received, Court overruled the objection and n'o;c<l an exception. Witness resumed—Wc were laying a fence for Pringle; Adlington was excited* 1 d n't know for what. He was gone half an hour, and returned with a kuife It waa a two edged butcher-knife, afoot .six inches loag in the blade, and about three inch han dle. Looked ns thotrgh it had been used for sometime- He had it in hie bfeast When lie came tome. He took it out and showed it to me; then put it into bis boot. H'evtut building a fence between Mr. Akio's and Mr. Pringle's town lot*. This wn» in the afternoon. Adlington then wentcn with bis work. By the Court.—Adlington made no threats at that time agaiuat the deceased. He car lied it, he said, to defend his rights, aud his family rights. The Defendant objects to the last declara tion of the witness because he has said Ad lington made no threats, at the time, iga.io»t either of the deceased persona—therefore the declarations would not be evidenoe.— 7*hK are no part of the trspetlat- The C-urt overruled tho'ol-jtetions and noted an exception. Wit cess resumed—in chief—AdKngfon did not show me how he could use this knife. Saw some one, I think it was Calvin Wal ler, utiike Teeple, in the room during the fight— struck him back of the ear. Did not sea aiiy one strike Cunningham. Orosa-cxaniiped— l live übout ft mile east of J'urtereTille; saw Cunningham standing by the stairs in the north room, culling a cotilliuu. when I came back from hom»; tbey aie winding mil's in the corner of the room ; J fuw him from tbo bull; tlio dooM were open - Wh«a 1 mine, 'i«*>plo was in the bur-room ; wo went into the parlor to gether. and Teepie sat before the fire. It was about ten o'clock. The fir.-t I taw of Cunningham r.ftcr he called figures, was A ■ - JL his striking tred Bowder. Tlje room was crammed—-'crowded up—immediately af ter the fight. I gate back as lar as the hearth below the ufowd ; daring all this time the was going on ; there was a ru-b. a uuise—such as always attends such u fight—it was a bustle, striking, kbocking over chairs.Ac. There was a lamp on the table wheu it commenced; it grew darker, but I did not gee the lamp carried out. There was a lautern on the mantle. Oliv«r was knocked down; do not know how loot; it was al'terwards when I went to quiet my daughter. Cunning ham knocked Oliver down. 1 did not see Teeple and Onuinghum speak to gether nor make signs to one another ; they both faced the North room; didn't see Teeple placo himself in position to strike. Saw some one pickup a chairat the time Oliver was dnocked down; could uot say who it was; the erowd was great between me and Oliver ;—two deep be tween me and Oliver. The room to the north end and toward the hall was crowd ed. I saw John Oliver immediately tor he got tip. He stroek Teeple j I thought, at the time, it was Cunniugham he struck, but aftei 'Yards ascertained that it was Teeple. They lought on. past the fire-place to the door when I ly loft the room. I was near the centre of the door, between the North room and the sitting mom, wheu Oliver oame out. While I was in this position I heard some one ory "Oh 1" This was before Olivet came out. 1 saw some ladies, but could not say who they were. Kirker told me my girl was alarmed ; don't know where Kirker went; can't tell how long it was betweeD the time I leit the sitting room till Oliver was brought out—it was not five minutes, but more than one minute. The excitement was as greet at the time I stood with my daughter, as at any oth er. 1 was not so excited as that I nould note the flight of time j I could not tell the axact tiite* A minute is a long time in a fight. 'I he timo appeared long while the fight lasted. 1 think time, under all excitement, seems much longer than it really is. 1 remained at the house till three o'clock ; was not in the cellar at any time after eight o'clock; think I was on the porch after water, with a candle in my hands; was not on the cellar steps. Ingoing l'or water I should go near the south edge of the eel lar door. There were other persons in the oar room when Adlington made his remarks about the death of Cunningham William M. Kirker sworn k —Was at the house of Johu Oliver ou the 24'h ol December last, »as uot iu the room al the time the tight commenced; was fid dling iu the North room ; heard a noise in the sitting room, aud the crowd rush ed that way; had tl>e violin in uiy hand and Blurted for the sitting room—bul went back and banded the fiddle to the ladies ; gave it to Miss Campbell; start ed, pushed my way, and got through the crowd at the door; Uriah SloClarrcn, Fled Bowder, and several others were Btaudiug rather in.-ide the door; saw a man lyiug on the floor with his head to ward me; lying ou his left sido rather to the left of the door; caught hold of him and lifted him up , as 1 lifted him he kind of spruug, whirled around, and struck mo ia the right eye aud I stagger ed lack against the uorlh wc «t corner of the sitting room—believe I should have fell il it had not been for the wall; was Fied Bowder who struck me; I wns blind, and could not see anything further after that; knew it was Howder when I raited him up; saw Juhu Jones by tbe fire-place su the room, aud several other persons a', the further side of the ball door ; did not recognize them on account cf uiy wouud ; was acquainted with both Teeple aud Cuuuingham ; The fight was going on at the time; Wellar and Jlc- Clarreu were standing near Fred Bows dcr; wheu I got back, tome one said: ' Don't strike that man, Fred, he is uot interfering—not touching any one!" It sounded like the voice of lleury Bowder; I thought be referred to me ; wheu I got so as to sec a little, I went buck into the dancing room aud Elizabeth Jones came tome at.d said: "Oh, Uncle Will, Jut Cod's sake go »t.d fetch father out, I am alraid he will be killed !" I went iu aud found Jones belweeu tho door aud the fiie place; saw him throw up hi:i hand aud say, ' 01., lor God's sake hold on and dou't strike." Noticed there wore many iu the room; did not racoguite them; the fight was still going on ; Jones cauie out at my request; I remained in the North room during the balaucc of the fight; tome lady asked me if I had got hurt. I said yes. I'liey told me to get oold wather lor my eye. I went after it to the kitchen. I heard some person hollowing "Oh, oh !" or something like it It .-eeuied to be iu the room where the fight was. From the sound it would in dicate that gome one was hurt. As 1 turned togo back a man ran past mo in a great hury ; ho came Ir .m the dancing room; he jostled uie aside, saying, "stand out of :he way." He went to the far part of the kitchen, and as he ran around to ihc table he said. "1 must hurry and get this kuife away. Didn't see what l'uither he did; 1 did not understand that he uddntssed this language tome. It was John Adlington, the dcledant. I think there were totne women there, Lizzie Jones wss there. I had started for tho diuiug room, aud was near tho centre of the kitchen, at one side. I did not ob serve any thing iu hit hand. I thought bo lield hie right hand close t) his side. He passed me on the left side, his right hand and side would be from me. He was going rapidly; I did not speak to him; he was goiug toward the west end of the kitchen. He was in the kitchen wheu he used those words; he was some eight or ten feet from me wheu hie spoke them. I think I was some two or three feet from the table ;I was within a step or two from the door of the north room. The remark attracted my attention; I had not heerd of any one being stabbed at this time, but the expression struck me with horror; I was afraid something was not right. ° The latter part of the reply whi all re lates to the impression of the witness xvaa ruled out. Witness resumed.—Mr. Adlington seomed io be in a hurry,-Jhe tone ol his voice appeared hurried; he seemed to be bothered. I then went into the dancing room, there appeared lo be a crowd coro> —r- ' —L-. ■" iug out of ttiu .sitting tooui: I saw Joo. Oliver coming out with his face aud head all bloolv ; I think there, was a \9rw hold of him; can't recolljfct who all came out; there was.a £rowd ; I saw Julm Jones, tfenry Bowder, Mr. M'Clarran, and.others in the dancing room; some la dies; I think I saw Adlington tuke hold of Olivet some place in the dancing room ; did uot see which way he came ; can't remember whether Oliver stopped •in the daoeiug room ; I heard some one calling for me three or four times from the sittiug room; they hallowed "Kirker, Oh Kirker, come here—this, for the time being, attracted my attention from Ji>hn Oliver; the tone t>f voice indicated dis tress; I-saw Oliver near the door coming out of the parlor; there was a lady ad» vancin* with him; can't say I saw any other persons hold of him, afterward* 1 saw Adlington with him, between the fire place and the door of the north room ; it was about half way; there was such a crowd aud jangling that I eould not tell where Adiington came from; did uot see him dome from the sit ting room; did not see hint come from the kitchen; I saw him with Olirorjcould nor say whether he had bold of hita or not, didn't see his face ; coald not tell which w«y it was turned ; did not know which way he wont; Oliver went toward the kitchen; I wis about ten feet f<-ont the sitting room door, opposite the file; the defendant and Oliver were south of me, between tie and the fire; F think they were moving; think they wero fur ther from the kitchen door than from the sitting room door; it might have been a minute or two, or three minutes, between the time 1 first saw Oliver co'me out cf. thi room, and that when Adlmgtou was with hitn. Adjourned till 2 p. m. AFTERNOON SESSION. The prisoner was brought into court, and the jury called over, aud answered to I heir names. Win. M. Kirker resumed.—l wet:* in to the sitting room auJ fouud Teeple ly ing iu the corner of the rouui; ho said "Oh, lay good Kirker, I am badly hiirt " He asked uie if 1 was hurt; 1 told hiui 1 had been struck in ihtoyo; he asked if I knew where Cunuiughain was; I told hiui no; I then hunted Ijr him, and found him i'i the hall; just as I found him Jni| Kennedy came iu. I spoke to ( mining ham; he wa> sitting down with his head dowu oo his breast aud his leg* stretch eri, I laid my hand ou his head and said, Ctrnuiughatu, what, is the.matter; ImTll I nut auswer; Kennedy said that man wis dying; Kennedy sa d I had butter go Ibr the Doctor; he looked like a dying man; 1 weut for the doctor; ho was just puts ting oa his clothe*; I then turn sd bank to the bouse; Cuuuiughaiu was still sit ting there; the doctor soon came ; Inirl his hand <in his head, made some remark and passed ou to Toeple, who was in the sit ting room, hallowing; the doctor felt his pulse; examined his bead, said he was badly hurt. Toeple complained of beit g cold; got something and put rouwd him ; said he felt better, (witness described the manner he was lying), head toward the hall door; ou his left side. 1 asked where he was hurt; I'uiado no examina tion; saw lu was cut on the head; he was ou his left side; Cunningham triod lo speak but could not. Doctor gave orders tobring Cunningham iu from the hall ; we did so: John Kennedy, Jdo. L Jones,' James Marshall and niyeelf, carried him into the sitting loom Doctor wont out then to soe J no. Oliver. Soon came back nnd commenced to examine Cun ningham. 'l'hcre were scvcial men in the room. Don't remember that any one said anything to Cunningham, There weio five or six in tlio room ; think I saw Frederick Bowder iu the room, lie ap peared to be very much excited; he seein ed to be acting like a ui in who was cra zy; excited; wild. There was some one gave Teeplo a driuk of water; think it was John L. Jones; I think I saw Miss Campbell in the room ; there were sever* al persons present. l'ro.-eeutiou proposed to ask witness what was said by any one in tho room where the bodies of Cunningham and Teeple were lying, just before the docs tor came, aud at the examination. Objected toon the part of Defendant as beiug too geueral iu terms—not speci fying whether they applied to Cunning ham, Teeple, or both; nor wero they dying declarations The Court overruled the objections, and noted an exccptiou. Mr. Kirker resumed.—As 1 was goijg out through the hall, I beard Teeple moaning, and 1 heard some nut "mocking him, and say "damn you, man, you aim hort as bad as you ought to be hurt." I do not know jpho said thi*; the sound appeared to come from the hall; it might have been from the room; it was behind me; I did not recognize the voice; on my oath, I would not say who it was; there were a number of persons there •hat night that I was not acquainted with. I would not say positively who it was, who made use of those remarks ; 1 tho't theu it sounded like Fred liowder's voice; I thought Bowder was drunk; uuder the influence -of whiskey; thluk I saw him in the sitting room as I passed through ; I remained there until the ju ry was empunelcd;saw the examination by the doctor; was there when Cunuin' ham died; I saw the defendant in itc bar-room after Cunningham died ; think he took a coat aud laid down on the':uun ter; 1 heard him say he wished be ha 1 stayed at home that night; he gave nu reason for saying so; he did not remain there but a short time; don't know where he went afterwards; I saw no one dufs ing the fight strike him; did not aeo him strike any one ; I was acquainted with Teepie and Cunningham; they told me they came from New Castle! Cross-examine i—l was acquainted with Cunningham about a year, and with Teeple about a year end a-hall. 1 reside in Wurteiuburg, Lajireace Co. We all three worked together at oil worka one month or more. 1 was friendly with them; workiug by the day; did not board at the same house; I have a film* -They Imve been at my house; Mr Cunningham was there several times du ring the winter. Wurtcmburg is said to be 8 miles from Portersville; 1 was en gaged by John Oliver as a musician ; was ! r fiddlicg wbeu the row commenced ; don't knu»r what jfiaie of night it yas ; it was mj mj fiddle to Miss Campbell ; ascertained tliat was li£r riamb since that time; I st'w h?r agjSn thatkeveuiug; Dowder's blow stunned miior sonio time—blinded mo about a minute. I laid at different limes, that I had not cemo to tho party; all that 1 have talked to expressed the same sentiment. I felt the effects of the stroke sensibly, but could see to walk ; the effect, of tho iu. jitry might hate sensibly effected my iuind —confused it. I was ip tije north room two or three uiiflites; did not bathe my eye; I woS £bin<s fbr water whsn I hear J the cry from the sitting room; ana turned togo back ;*don't Know whether Mm. Oliver was in the kitchen, but think she war, when I went'for water; oyald uot state certainly ; did not heat the petsou that pissed me, say f-duton ;" did not hear any one say "get out of the way. damn you, where are the knives 112" Alter he passed uie he made use of the words I alluded to in the forenoop; I halted and looked back : then went into the dancing room ; I was about the cen tre of the room when Oliver came out of tlie sittlbg roow; tbero was a great crowd, twenty or more, arouud the door of tho sitting room, and John Olirer was among them, thdj obstructed my pas sage to thq silting room ; 1 baited when I saw Oliver covered with blood ; there waa quite a crowd around ; seemed to be staring at Oliver; think 1 saw tho de fendant in that crowd; believe 1 saw him there ; he was uot there as soon as I saw Oliver; did not observe turn when Oliver first camo out of the door, but was with him <vheu they had advanced iuto the room about ten feet Defendant proposed to ask the witness if the defendant was in tho orowd, and moving iu it; uf part of it. Court permitted the question to be asked. . Witness resumed.— Ho was not in the crowd at first, but 1 saw him afterwards with the crowd around Oliver, moving toward the kitchen; I was not in the cellar after the fi_;hl; ifas in tho cellar übout hall pu<i 7 or 8 o'ol.'ok in ihe eve ning It has teen stated here that 1 was down ulter the light, but that is a mistake. Direct.—l think I saw defendant at the side ol Oliver; don't know thit ho had hulil of him : ilvere iu:ght havf b cu twenty persons arniiou Olner—wan ■ >■! them »ore ladies; wlirii the defend mt jostled me out . 112 ins »aj. t tiij n II luok •r.miid; iii.l I. ,k w;i. u lie »poki-; h wont towm. itie »u>4 »4 tho klich in M.s Stiver sicurtl —J liu 1' Oliver is my husband ; (.her. was:, ounce ot our hiiu-o on ihe night id th ■ 24th d December last ; did not hear or see any thing of tho first tuss; was iu the kiteli cu, wdrking about the stove, and heard a rusli 112 t the sitting room. I went to the door of the kitohen and the north room ; thcro were a number ol ladies there; the little girl wished to .got her father out; James \tnbcr.-oii came oiri and grabbed up I lie poker; Kiiker came and gave his ii J lie to some me; Kirke'r eunio back with his eye hurt; heard Mrs. Adlitiglon scream,' Oh John, don't, don't, obi John, don't let biui." She was übjut two feet off me; alio came from toward the north room door , she had both hau<hi thrown up; dou't know that she w.is addre-sing any oae ; thsre was a great crowd ; the- lad'es mostly passed off up stairs ; Mrs. Adlington started togo up stalls ; 1 stood thcie a tuiuuto aud started back into the kitehN cu. 'J here was a crowd mound tho sit ting room door. While L stood in the kitchen door, Sally Campbell came to me and said they wanted the knivos. I wen; with her into the dining room and picked up a carving knife; sho went toward the other end of the table, as though nho would pick up the other knife. I carried iho kuile and con cealed it under thu cradle bod ; 1 wont out through the porch to the hall door, when Adlington passed me just on tho porch outside the hall door; I asked if he could tell what they were fighting about; he said he could not—they wore all fighting through other ; did not notice him paes back ; he could have gone ofi the porch into the barn-yard. There were steps down into tho garden ; tha porch is 4 or 5 feet from the ground ; ho appeared to be going towiirJ thu cn.l of the porch, leading to the barn-yard ; he was walking fast; ho did not stop to an swer my inquiry. I wont buck to the do IT between the kiteheu and dancing room. Miss Newton said my husband and that utranger were fighting ; I star ted logo toward the sittiog room, and got a step or two into the north room, when my husband cune out. I asked him if he was much hurt; he said not. 1 don't think that any one ha i hold of him ; they-walked betide him ; did not see tho defendant with him at that tiroo; went to tha kitchen and got some w iterj bathed his head; Jones ba hed him ; Fred Dow.ier was iu the kitchen, and Adlington was trying to pacify hirti.— Uowiler wus swearing thut be would go buck and light; Adliugton was pleading for him to stay where lie wacj that he, (Adlington) was bis ftieud. This was the first tune I saw him after I met liim on the porch; it WHS not more than three or {'our UIIIIUICS from-the time I saw hiin onjhe porch till [ saw hiiu with Row . der iu the kitchen ; did not see where tdtiugtiHi went. S nn.j .>ne said luy I'usband wa- tt»t Oadly hurt; I then said it i..m« uoe would carry my child, I would go home to my father's James Aiubemou earned the baby. I left the baby with mother, and started back. 1 went out of the bouse ihrouuh the north room door into the street; came back through the same doer; noticed William Pringle there ; there were eevera) arouud the door ; I pushed through the crowd; asked after 1 came baek, where my hus band was; they U>ld-me he was doing weil, up staira ; Calvio Weller went up with tno; have no recollection of seeing any person in the hall; found my bus" baud up stairs, and Mrs. Adlington was washing his head aud neck, there were others present ; Adlington was Dot therfe until alter toy husband had his clean shirt on, and wad put to bed ; Adlington came iu at the door; there is but one door; there ate two Btairways into the room above that connect with the hall, out of which the door ofen* inte our room. My husband, Mr. Adlington, luy sister and a little girl uursing for me' were all tlirt were in tlie room at the time I went in ; there was some one holding the lamp. The fiiat I noticed of Adlington was, that he came over to the bed and said there ought to be a couple of stitches in the wound in Oliver'* head ; they tcld me the l>oe*or hid been there ; Mr. Adliugson was in and oat several times dur.ng tho night; don't know who Mrs. Adlington meant when sli<; called out "tfohn, J0)111, don't let faiui;" think aha meant husband ; uot to let him do something; think the sitting room door was open all the timet don't think, Mr*. Adlington eould have seen into the room at *ll from her position ; the door was open all the time of the fignt; there wag a crowd around the door of the sitting room ; can't tell whether Mrs. Adlington came from the door of the sitting room, walking very fast; she was very pale, at though she was about ready to cry : up stairs the de fendant called Mrs. Adlington and me aside, and asked me if I knew who seat those men here, I told him I did not ; don't know why he called us aside; he said it was l r all that sent them ; I knew who lie Lad reference to ; asked him how he knew, and he said he knew; he said they had got just what they deserved, fof' coming there and raising a fight; some one said one of tho men could not live ; he said he didn't care a damn. Orou-examined. —Mother was not up when I went there with the baby. My husband was taken up stairs while I was away ; think I was not gono more than fi\;c minutes. 1 learned that tho Doctor liad been there, and was then engaged with tho men bolow; saw one body stretched in the hall,with someone leaning over him, and another holding a light; did not recognize them. I heard no ono in tlie kitchen say, that * Doctor should Calvin Welter was in the room at this Mirfe; Adlington was there with Fred Bowder; tljere was quite a crowd following my husband through tl.e danciug room ; two fr.en were besido him, but I could not recognise them ; I think llity wero both men; think my sister was belaud liiiu ; eould not name one who wn« with Oliver. Kirker was inside the kitchen door wlion he said he hud beon ciruck ; ho had been in the sit liug.foom but n minute or two; I asked hiui whi.t tlie trouble was; ho said he iouldti't tell ute; tlie first thing he knew some one struck hint; did not see my iiusoand after the tight commenced until i »aw i• iin uoinc out o! tl.e room bluediug; Saiiib UiiuipUejl asked about the kuives niter 1 came oft the jioroh the first time; 1 did not notice Win Kuker by tke tire place; i did uot notice Kirker in the kitchen at tlie time the knives wer* spo ken of; 1 did not sec Adliugioti where I was hidilie I hi: kuile in the cradle. AN Wizards I went on tho porch toward the hail door and met Arlington. lie U LIS t have Come nut ol the dining room Uuough tho hall to the porch on through the kitchen. 1 did not stay ou tbe- porch mure than n minute before I want back; I suppose I was excited; 1 did uot lee! so at thtTtinre; it is four or five yards troui the kitchen door to the hall door on the porch ; I don't remember anything that oceurod from iho time I bid tl»o knife till 1 met Adlington on the porch. It was a tcry short tiuii ; I could not go fast and carry uiy baby; it was in my arms. .My sister was the last person I inquired of as to tho disturbance in.the hitting room; did uot uotioe Kirker aftor 1 inquired of him about the fight. There a great crowd around tho door ; I noticed my sister aud Miss Shatter iu the crowd ; did not reeognize tho men ; did not see Bowder brought out of the room; First time I saw Bowder was alter the tight. . By ihf Court. —James Newton is my father. It is aboQt as far frt>m the Court House as to Jack's Hotel,from my father's house to ours. •/nines Amberton ttcorn. —l livo in Youngstown, Ohio. 1 was at John Ol iver's on the night this difficulty occur red. Went there about dark. The first 1 saw of the was Fred Uowder on the floor and Cunningham striking him". T was on the {'ght hand side of the dao« cing room door. Heard loud talk in tho sittiti" room, and looked in. Then I saw Cunuinghaui hit Bowler two or thrte times. Went to the kitchen to see it 1 eould find Bowder's brother. As I piss ed the stove I picked up tho poker ana went through the north room into the sitting room. Saw Kirker lift Bowder up, and Bowder struck him. Next saw Cunningham knock John Oliver down. I diew the poker to strike Cunning" ham, but James Gibson caught the poker and pulled it out of my hands. The next thing I saw Oliver up fighting a man in the corner of tho room. Saw La fayette Shaffer striking at the man Oliver was fighting; dont know whether he hit him, He came out. before the grate—the man they were fighting with—said if l hey were any men at all to come one at I a time; Oliver iuliunsd hist un; they | got the man down ou bis knees; Oliver was holding him with one hand and hit* tnig him with the other. 1 taw tho de fendant pick up a chair and bit Oliver on iho head. I thought Teeple was oo his knees. Oliver had him by the wrist; he *as about half ncnt over him ; he was standing ut Teepie's aide. Couldn't tull which hand he held, tie was hitting him in the lace. Adliugton was stvudiug at Oliver's back when he picked up ihe chair with both bands. The corner of thfi scut ot the chair struck Oliver on the Ilea ; it was a pretty solid blow. 1 did not kuow at whom he nuied ; he drew I lie choir agaia to strike and I caught it. I told hiiu that he hid struck Oliver. He told me to let go the chair. James Mart -hall caugti t hold and helped me take the chair from Adlingtoa. Oliver then let go the man he was fighting; he fell on the floor with his head halt way along the floor of the Hull. Adlington kicked the man twice in tho face. I then pushed luin away Uom the man into Hall; he :ame up and kicked at the man again, imt Won't know whether he hit bim or not. He hit him with the heel of his joot tho first time he Licked. He said wrtjiug to mc, nor Ito bim. There wu i big crowd around. I could not ray whether he fell down, or whether Olivet mocked liitu down, lie lay there. J
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