VOLUME 4. JOHN B. ADUNGTON, | FOB THE OF Sidney B. Cunningham COMMONWEALTH ") Indicted os. > foi J. B. ADLiNOTOtc, } Homicide. THURSDAY, March 14 AFTERNOON SESSION. The prisoner was brought into Court by the Sheriff Ihe jury were called over and answered to their names. James M. Marshall, re called—Hearil Adlington say he supposed they would ■all be arrested—himself among tfee teat; that they would have lodgings To the stone house; he said he was kuowu as a fighting man, and supposed ha w>uld be arrested with the crowd, although he was not in the rooni ; this was soon alter the jury had assembled in tjie sitting room; ■the conversation occurred in the bar room ; don't know that he was address ing himself to me, but to others that were in the room—to all; llenry Bow der was present, and there were others ; think Sidney Oliver was present. I made no reply to Adlington ; he said a good deal, but I don't remember all he said; don't know that I could give the exact words; he said, although he was not iu the room, but being kuowu as a fighting man, he supposed he would be ai rested with the rest; if he was a single uia like Henry Bowder, he would'nt care a damn—but he had a wife and six chil dren ;he went onto tell a story printed in the Ledger—he had the copies of it —said it was an interesting story ; it was entitled "Hanging the Wrong Man."— He was telling it to llenry Bowder more than to any one else; he told Sidney 01 iver he was going home—it anything happened, to come alter liinj ; told him at l vhich window to rap; uext tiDO he told him if he should be wanted, tocouie after hitn ; he told him two or three times; I'C then left, i/Ut returned in a .short time; believe I heard him tell Henry Bow ler that Sidney was going to swear that he had seen him with a kuile ; ithis was in the bar-room; am not certain whether this conversation was before he .went away or after he came back; heird Sidney y I iver tell fcim that be should |bM'<e to swear that ho thought he saw him have a knife; don't know what Ad* lington'a reply was; defeuduut told it to BowJer some time afteiwards conld'nt say how long; be wis not absent more than half an hour; think it WJS not loug after that till he was called by the jury; think Adlington was called before Sid ney Oliver; think I was called before Sjiuey Oliver, aud Adiingrou was called bef tre i was; flunk »e had no direct con ycrgation that night; have no knowledge that the defenduut had any weapon, ex cept the stick that 1 have mentioned; 1 ncverj knew of his carrying u weapon previous to this time; have no knowl edge of hcijv Cunniughaflj and fe peived then w .uuds. Croat-examined —I got into the room ju-t before Oliver came in, at the time of the saw Teeple before Oliv -r got struck. standing in the south wov corner of the room, west of ma, to tin rear »ud lelt hand of Cunniugiiam; hi ■wis about si* feet from hinj; thuk I,e ad a ioed a little and then leil ba;k; tii~t I saw ef Bowder yas when he suuik Xnker;siw some pcrsin tase hoi I o Fred Bowder; tjiiuk it was lieury H. w der; saw Sidney Oliver g iug ou' wit'.; the lamp; think I raw »• mo ouo strike Sidney Oliver as he was going nut wuh the lamp; could not say when it w.is that 1 was knocked back into llieuiiuii; there was a crowd urouod the north 10. in dun; it was about the time John O.iver was hit that I saw Adlingtou in the door; think it was at the time I w s at the ta hie Dear the center of the loom, lliur. I saw Adlingtou; when he struck IvuKir, Bowdor was between mo and the uurtli rflojp door, and in front of it; have no recollection of seeing Calvin \A eller as jsist in taking Fred Bowder out irf the room; I stood seven or eight feet from the oorth door; the room is J4xls, 1 think; tfciuk there was a light in the room; the north door was opcu duriuu the fight; there was a fire; don't recollect .that there was auy other light; I pould see Adlington; there were pewons in the Aorth room looking at the fight—standing around the door; saw him have the bleed ing stick and strike dowu witty it; think it hit some ene: [showed with a cane, the manner of the stroke ] There was a crowd around the north room door in the rear of Adlington; he was standing just on the inside of the did not hear him say anything; saw him and the stick distictly; I was looking on—was not iu the fight; saw that stick on two previous occasions; believe it was that stick, or one just exactly liko it; think it was sixteen inches long and one and a-half in dium •ter —taperinr; saw it in the hand of John Oliver, ou his pavement; bad it in my hand previous to this fight; Oliver said it would be a good thing iu a row; saw the defendant have it ou the pave ment near the old jaw-mill lot; there v wei;e a .number of persons there; Adliug ton bad it in his sleeve and showed it to ma; we were all going down to throw li quor out of a man's house, who was sell i ing. without lioense. The witness named , who wet* along; they had no warrant— some had canes; Adam Weimer, High • Constable of the borough, was along but he backed out; we weut on, and theinan irgrecd to oloee up the next day; it was last fall some time; don't know where this bleeding sti k was kept, no' where Adlington g> it; it was the same one or one exietly I k i it; it was the sarno one AMERICAN CITIZEN Adlington had when standing in the north room dajr. Bj the Court .—l thought it bit some one at the time, though I did not hear it; there were persons between; I have no positive knowledge that be bit any one. Cross-examination resumed.-"-1 saw Teeple have a cbair, but it was jerked from him; did not nee Cunningham have ii iu his hand while I was there; did not sec Teeple d ting or saying anything during this t.me. I suppose T eple thought the whole crowl was advancing at him at once, was the reason "why he made the Request that they should come one «t a time Oliver' went directly at Teeple when he got up; I believe the door ipeniusr into the hall was open du ring the fight; there were persons look ing in through the hall dour; don't know that Icon)! name them; I think Welter too|f Sl)ajTer out after he struck Teeple; saw no crowd around 'l'eep'e aud Oliver when Teeple groaned; it was a luoau oi sound I ka "oh !'' or something .ike it; did not hear him say any word distinctly ; Adlington struck Oliver immediately be fore this cry, with a chair; don't recol lect whethpi )}o took hold of the chair with both hands; saw nothing else iu Adlingtoii's hands; had no diliieuky iu distinguishing things ou account of light; Oiiver started away frofi Teeple himself; did not see any one take hold of him.— It may be that others may have said that they were upprehensiv? of arrest; there was a good deal of excitement; I don't think there Wis any ono about the house bj>t was excited; two ladies fainted; "Hanging the wrong man"* yas the title of the story, I think ; )ie ad dressed himself to Henry Bowder more particularly than me; ho kept files of that paper. Direct —He made no application of the story ; at Oliver's request I took a tumbler in the fore papt ol the evening —'hree hours before the fight; I gave it back to Oliver; did not have it in the room while the fight was going on; also had a "pop" bottle for about filteen min u es ; put it in try pocket ol the request of Mr. Oliver, because he expected these men would pi<tch into him jyhen they cum: out from their oysters ; think Mor gan Roberts invited me to this little par fy lor elia ling out the whiskey houes ; don't think Joues was along in that party l'roscoution offered to ask the witness whether the defendant had told Aim »/ any timo that ho hid a knife—whether he described it, and to trace it up to the cue used at the time of 'lie homicide. Defendant oojeeied. The Court permitted the question to be a-ked. and noted an exception. Witness resumed ~blr Adlington did not say unything to me at any time that he haii a kuit'e; he did uot not say anv thing atiout Joues not along with the liquid party J omen It. I'iing/e. sworn. —l was not a! the party at the time of the ditfi ulty ; my oldest boy was at the party —and my brother iu law, Mr. Oaldwpll, was on the pavem ut j lj<; caiac iito the house aud told in-, ••K»qui.o, they are fighting— they are fightin :!" Iran tt> the house, aud was about the first t ne to arrive; go ing : nt«i the hull I obsorved s« mething to the right id' the door; turned and fonpd il to I e a inn ; seer 9 ntd 112 erw.ird tl a it wa.- dr. Ciiipingl) .IU; pat uiy hand • 111 his h'«nj; he appeared to be lifeless ; 1 ran to the -tuir a-d a kel, "win re i George (' 111. sou, went up stairs; Saw John OKver on the be I. an 1 s ver.il around lino; he w s lilveding I'roely ; fold 'belli they slmal t *eiid f.r a uoctor;' there W; s 11 111 in t iwn s a r- del I or ily Q,, 1.11 oiui t tie -in n ro mi— f-u id a 111.in t t lie lei'.ot 1 lie ro o 111 1111 ij;; passed inio 1 IK- o her 100111 , the man wn -it ing 011 I lie fl mi, with his head loaning .iva nst Ihe wall ; passed into ilu ninth roniii and asked lor lieoige ; they tolj me Jie was in the little baek ion 111 the Ui ning room —vi'b the girls; the s3'ls ap peared scared. 1 took George home. | aud said to his mother that there were uien there nearly killed, au : I would go nack ; went back aud w«ut up stairs to Air. Oliver; told him there were men down staii-s nearly killed. Ho teiid ''is that so ?" I said "yes." Mrs. Adliag t.u was washing his head with water ; Adlington was ulso there ; I did not see hiui there the jSrst time; I said " , John, thor-e men will die!" He replied .•'didn't give a God damn." Snuie of the women reproved him ; I went down ; was Q. good deal affected ; the doctor had come aud was trying to turn Cunning ham; I oould uot licip him; I went for Juhu Kennedy, an 1 he tieiped him to turn Cuuuinghaui over. Just after 1 passed where the Doctor was working with Cunningham, L got out onto the board walk ; Adliugtgu eanje out, aud I said "John, those nicn will certainly die " He said "I don't give a damn ; there is 110 blood on "John, that is no use;" and I went home ; iu a minute or tyo. Ksquire Humphreys capiie aloug and told me that I would l>e needed People began to stir around ; I went back and found Cun ningham moved to the sitting room ; an examination lmd been made; thif is the first time I ky£w there had been any cutting; Adlington was back in a few minutes; I was straightening up Cun uiugham's face—he was dead; Adliug tou lent mil his handkerchief to tie up the juivs of t|ie corpse, aod make it look a liule more respectable. Every oue was talkiug more or less about the trans action ; I did not hear any one say how these jnien got hurt. The was pre-eut, but 1 heard him make no expla nation! I was oue of the jury. The d fendupt iw culled as witness before the jury ; was sworn and testified. " Let us have Faith tfiat Right makes Might; and in that faith let us, to the end, dare to do our (<uty as we understand famoouw. BUTLER, BUTLER COUNTY, PA., WEDNESDAY, MARCH 2T, 186 T. Proteeation offered to prove what de fendant said, but withdrew th« offer for the preseqt. Direct. —l had no conversation with the defendant alter the jury I'ouud their verdict. I never saw the deteudant bavo a knife, nor hear him s«y h-i had one. No cross examination (feorije Moon, mom —I wss at John Oliver'* on the night of the 24th ot De cember; came there a lit'le after dark , met Johu Oliver at the front door; I was uot there when the fight took place : Ol iver asked me If I fell hotter; I bad Been sick; I told him I did not; he told me there were two men in the house raising a.row ; lie wanted me to help put them out; I a ked vyho they were ; he told me they were Cuuuinghaui and Teeple, from New Castle. I said I did nut kuow tbeui; he insisted on mo togo into the house; I told him I did not like to £9 ifl, "1 didn't want to get into uuy more scrapes " I went to Aiken's store, came back, and he insisted on my coming into tho half I weut to the door that leads to the sit ting room ; met those tiyp p»en coming ont; Henry Bowder told them if they would keep quiet they could have as much sport as the rest of them. If they did not, they would have togo out of the bouse. One of them said, "suppose we take a walk and get straighteued up ;" Henry Bowder told them to do so. 1 tai ned and went iuto the bar room. I went home. I saw Adlington have a knife h>st fall; he had been drinking; I saw the knife in frontof Aiken's store. The Commonwealth offers to prove a knife in tho defendant's possession pre vious to this occurreuce ; what he said about it, and tree it up to this trans action. Defendant objects to the latter part of the offer. No matter what the defend* ant said he could do, or would do, with the knife, unless it. has reference to Cunniughaiu and Teeple, it i* incompe tent. Couit overruled the objections, and noted an exception. Witness resulted.—l saw him have a knife about dark in front of Aikin's store. He was under the influence of liquor; he pulled it out of the breas of j his blouse; it was a two edged kuife, and the point ran into the centre, the blade looked to be about an inch and a half wide; and aljnut five or six inches lorn: Crossed Exumined Adlington had l»geii iu the aru>y. Objected 011 part of the Common wealth. 4 Mr. Thompson, on part of defendant, offered to prove by the witness, that Ad lingtou had been in the army with him; aud that it was customary for soldiers to carry koiyes, ajid that they carried them after the'r return. The (Jourt said they would receive tho testimony. fKrnrss resumed - It was tho custom soldiert to carry such knives as long as tliey were iu the army; a mnjjrity earned them. I know of other toldiers from Portersville carry BUOII knives iu the uriuy. Mr. Adliugton had bten a soldier servod in the same company wjtH me the last time he was out. Direct. —They used them for cutting their b; - eaj aud pink. By a Jmi/mun. —All kriiyes carried by ] soldiers were uot double-edged ; two were carried, but they were taken from our town. A tjourned till 9 A. M., to morrow FRIDAY, March 15. 1807. Tl;,y prisoner was brought into Court by the client! Ihe jury, in the box. were called uver aud answered to then iia lies. Wi/fitm Lloyd, sworn. —The Defend ant, lust fall, assisted my father to bate - er. It Wns last of ifuveiiiber or first o. December, lie had a kuue ou that oc casion. lie brought U with him; he took it away IVoiu lliero with him. 1 had il in uiy hand ; it was a two knife—C inches in tho blade, uiid about tour inches of handle ; it wus between un inch aud au inch and a quarter broad in the blade. It was made out of tin old file or rasp; you could see the marks on II yet. 1 think he carried it in his baud, but am not sure. 1 poti ed him wljcii he came; don't recollect how be carried the knifo. Cross examined. —Adlington and my father neighbors of the same town Ue brought ins hogs down to barber with us. He helped us souie and we helped hioo. He used this kuife in sera ping tjj.e Hogs. Miss A\i nry Mr Rain sworn. —l came to iu iu the fall of 18tt5 1 lived a year and two weeks, 112 left there in September 1866. The Defendant had a kuife—two edged. I alwiys cailed it a butchei-ku fe. It was about five or six ino es long iu the blade, and about an iuch and a quarter broad. 1 cut bread witti it a f.-w times; not used any way particuhrly. The haudle was about four luche* loug. The Commonwealth, Ly its counsel, proposed tu ask the witness where the kuife upokeu of, was uiually kept, what the Delendaut did with it, &c. Objected to by Mr. Thompson, on purl of the defense. It might be competent to rebut eyidence of eharaeter. Court overruled ll 0 objection and no> ted an exception. Witness resumed —This knife was usu ally kept on the cupboard. It was kept up higher than any ol the rest of the kuiTes were. There was no particular place where it was kept as I kuowoof.l— 1 It was the second shell tathe top where it wis kejt; it was mostly laid just on i the shelf. I never saw hiui u?e it while j I was 'here. 1 saw liiui oucc or twice i take it down, but don't kuow what he i done with it alterwards. Did not see i him replace it.l was forbidden by tbo Defendant to use it. The cupboard was in thp kitchen. In goiug in at the front door you would have togo through the front room, and another room to reach the kitchen j you could get in from the back way. Cross fxamined. —I was a hired help in the family. I left last September I have been living since that time at Uev. Horveson's in Porteisville. James Gibson ticorn —I was at the house of John Oliver when this diffieul ty occurred. T was in the room when the fii9S commenced. I saw Cunningham knock Fred Bowder He hit him three or four times after he was down. 1 hpard Cunningham say something, and Pied reply, fut did not hear what tliey said. Next I siiw Teeple have a chair drawn to hit Johu Oliver. Sidney Oli ver and I caught the ch iir ; Pringle aW grabbed for the cWair, but I could'nt say whether he sot hold of if or not. Ido not know whether we got the chair from hipi or not. Saw James Amberson have a poker drawn to hitsouieone; I caijght it and took it into the bar-room. That 11 all I mind of seeing I saw Adlington in the bar-room before tho fuss commen ced, matching coppers. I Saw him after the fos£ was over ; it was about an honr and a half. I was lying on tho counter. He said be was going home, —if any one wanted him, tor me to come after him. He told nie where he laid by the window He came back in a few minutes I told hiui he could 'ay down on the bar; ho did so. I Vent into the dancing room and laid dowo before the fire, on tbo floor. I saw him next day abnut 8 or 9 o'clock. Ho got Oliver's team togo for a load of coal. I helped hiui hitch up. I went to sleep in the North room 1 have stated all I can mind that occurred in the sil ting room. Fred U iwder aud Cunning ham were there. I can't mind the oth er?. Iran out through the room door 01 the hall, aod stood there aud watched a while. That is when I saw Teeple draw the chair. Iran iu aud got hold of it; ran out with the poker. Priugle was standing liepidp me at the room door when we weut in and grabbed the chair. I was acquainted with all present at the dance. I can't name any of the crowd except Teeple, Cunningham, John Oliver, and Sidney Oliver. I think Oliver was back ing toward the daneiug rooui wheu Tee ple hud tho chair drawn. I can't say whether we got the chair loose or not; I would not like ta say. I think I have told all I know. I was standing in the door next the ball all the time, between the drawing the chair and that of tbo. poker. Amberson came in from the.kitch— en. He was g ing to };}t some one. I don't know who he was going to hit. I turneifhim half round; took the poker to tho bar-room ; told him be should uot hit any one with it; did not hear him sav any thing. It was ® v 6 or ten luiu ut'es that I stood iu thedoir This is all that I could remember I eao't mind of seeing auythirig after I took tbo puker out. W lieu I came back I saw Cunning ham sitting in the ball; the fifss was pretty near over. Cunuiugham was lean ing forward, his bead ou his breast I must have looked in 10 or 15 minutes. The last place 1 saw Cuuninghaai was when he was laying or silting iu tbo hall; last saw him before this billing liowdcr in the sitting room. 1 oould not uaine uny one w ho was iu the crowd arouud him. I cannot call to mind a single name I saw Bowder before tty<s figut; saw Cu«- niughem and Teeple ; heard them uauiedj L could not tell what Bowder said. Cun ningham said li. was here to represent >i w Cntstle. Bowder took out bis tecih aud jut ihem into his pocket. I knew then, there would be a tight. He had. I not more than pulled h.s baud out ol his l>ocket When Cuuniiigliam bit him, and kuouked liiui dowu; bis bead t-iWard the .North rooui door. I was stauding South 0. thorn tli.ee or lour feet iro 11 thorn, to ward the door leading iuto ilu ball. Saw 110 oue sirike CuuQiughaui. Did not sec turn get a lick. Cau't. recollect auy one being nearer to him thau myself Do uot uijud of seeiug John Joues ij the rocm till after the tight was over; didn't Kirker bit. Saw raise up. 1 suppose he thought he bad given Bowder euough pout mind of seeing Cunningham alter that till I saw him 111 the hall. 1 jyent out because I did uot waut to get a lick ; 2 wanted to get out of the way. I turned u>y face aud weut to the door. Some of the lad : es g ling up II the stairs asked me what vas the iuat-1 ter. 1 told thsui they yore fighting, not to be scared. I looked m agun, and saw Teeple draw the cjiair. 7d d uot see Cuuuiugbam nof Bowder Tliey were crowding out aud iu through the door all ihc time. / could not uutne them. Tee plo had the chair drawu up over l)is' •boulder iu one kadd to hit John of |rer: it was a heavy arm chair. Igrabhed it aud caljed on Bill Pringle to help. Went back to the door Didu't see Teeple af ter tliat, Oliver wis backing back. There w. ro lots standing there,hut 1 can't name them. I could uot say whether any one wus close enough to have received the blow ; thought he was going to hit some person. /d.n't mind of seeing Adling 112, in iu the room. As /returned from the bar-room, when / left tho poker, there were some women in the hall. Couldn't name ibem Went to the door and look ed in. There were lots in the room; there was figbting going on, bot I conH uot name the persons, nor say hew it was going on. /heard them talking, tyalloo lug. talking, gabling, and so op. 1 saw no blows, nor beard no blows struck. 1 heard them call to part them. 1 stood in the door 10 or 15 niiuutes. / was all through the 1 have no idea wlftre 1 next went. 1 must have been excited, or / wojld havo seen and heaid more. 1 am pretty sure I was excited. I had not taken any thing to excite me. 1 was liv ing with Oliver Et the time as a hired mun. I had no tulk tfith Oliver since about this matter; no taik with defend ant since. I kept what I knew to my* self. I had no talk next day With Ad lington on this subject. After the fight I saw Qlirer in the kitchen ; there was women with him. His head was bloody. I went Into the kitchen ; there was wo men there; 01i"er Viad been taken up stairs; w ent 00 t0 , ' le porch—there were some women theie, too. Bally Canipbeil had just got over fainting, I went into the bar-room; saw James Foster there, had been sleeping ; I stayed there somo time; don't miad of seeing finy other peisou there ; welt info the sitting room after tfr e fight was over; Teeple and Cunningham were there. Before the fight was over, saw Cunningham in tho hall on tho floor as before described, I think it was just after I took the puker into the bar-room. He was partly sit ting and partly lying in the Corner of the ball, just us you go into the door Saw no mark on the wall whore ho was lying since that. His head was hang in'down; I noticed a speck of blood 011 his cheek Could'nt recollect whether I looked into ihe sitting room again ; the fight was going on at this time Don't know of any one having weapons, except John Oliver told me he struck with a revolver. I think I stopped a few m'nutes in the bar roim; saw Cunning ham when I cine back. Cross examined. —l came there that evening to help Oliver. I knew OuA ninghaui and Teeple. If their backs were to me I don't knoy that [ should have knowu them —they were strangers to me aud to Mr. Oliver ; was at the door It) or 15 minutes, when I saw the chair laised bv Teeple; told the ladies not to be scared; at that time I saw no ono in the ball; saw no one strike John Oliver, nor Teeple; did not see Oliver af ter I tjjok the poker from Amlssrson; there was no oDe fell in the corner of the ball while I was standing in the oorner; don't kuow when Sidney Oliver weut for the Puctor; saw Cunningham in the b ill bo fore I saw Oliver in th ■ kitchen b!eed» ing; 1 was very -much excited, and I might have been frightened ; the door was open all the time of the fight; Cun ninghaiu was sitting ij the same posi tion when the Mooior came; saw hiui look at Cunningham when he cauie; his position had not been cliUiigS !, hi° bead if as hanging 00 his tireast, his nandf hauging down, and bis legs extended on the floor; the Delendant came to the stable ; helped him hitch up the team ; be went for coal, came back aud un hitched the team : there was a greut crowd iu the room during the fight, aud a loud noise; I only guess of the time which jlapscd wiiile I stood at the door; I am pretty sure it was Teeple who drew the chair to strike ; Sidney Oliver helped mo take the cbair from him. Court adjouined till half past one p m AFTERNOON SESSION. The prisoner was brought iuto Court by the Sheriff. The jury were oalled over and found to be all present. William Pringle sworn I was pres ent part of the time when this difficulty occurred; saw Dunwiddie Marsha.l uud Fredeiick Bowder iu the sitting room; they said something about Now Castle ; Teeple and Cunningham were sitting bo fore the fire; Cunningham jumped up and said he considered himself a repre sentative of New Cestle ; B iwder said it did not oonccrn him ; just as he said that Cunningham knocked him 1 down, aod struck him two or three times; Bowder was lying with his head a littlo up against the wall; bis head was np a foot or more from the floor; 1 was stauding in the door next ihe North room looking ai the dau ciug, when it coinmouoed ; I turuo I at the talk ; I was withiD four feet of Cuu uinghaui ; after this I walkod out the door next the hall; 1 passed through the room ; saw nothiflg further at that time; Cunningham, Teeptes, Bowder, Dunwid die aud Marshall were in the room; that is all 1 mind of; Teeplo sat on his eliair when'Cunningham got up; don t kuow whether be got up before 1 went away; I went out ot the front hall door to tho end of the walk in front of the house; just as I got into the ball again, Cunningham stuggerod out of the room, and sank down iu the corner ot the hall, apparently dead he appeared to me ; it rirfs to the right side of the dour as you go in, in the corner; as he cauie out of the sitting room he threw his hand against the cheek of the dooi; he stag gered aroufld, and sunk down in the cor ner; I went up to the door and lc'oked into the door where tbey were fighting; he approached the corner partly sideways , toward the outer wall; 1 think he had turned so as to briug bis back ugaiust the wall; did not see auy marks upoa him; did not speak to him, he to me; he \ist w?.lked out quietly; did not notice auy other person in thu hallthe front ( d«>or was open ; saw him dirtiontly come out of the room ; 1 halted about one step in the hall; I occupied that position till - [ saw him sink down | saw no.persou in the ball nor 00 the stairs at that time; I was not out ol the housu tuore than a | minure; I mean a Minute from the time I walked from theeittiog room door, when they were fighting ; went out togo home; turned and came back; I then went to the sitting room door again ; Teeple had a chair drawn ; James Gibson called me to help take the cbair from him; I step pod into the room ; reached out one hand and grabbed the cbair; I atu uot. sure wo took the chair from him, but think we did ; I thought he wa.- going to use it 011 John Oliver ; saw po person at tbs 4 oor when I was cabled into take the chair; Gtb.-on w*a in the room, one or two steps from-the door; think h« bad tyold of the ebair wbeu be oalled; Oliver wai t about the middle of the room; I did not notice him doinaanythin«j think "feeple eould hare hit nim; conldq't gay they were facing ouch other ; there Were oth er persons in the room, but I could not name them; none bat what I have named; Dunwiddie Marshall was there, Teeple, Oliver. Marshall, Gibson and myself; 1 think I went out Into the hall alter tak ing tin chair from Teeple ; think I then went to the kitchen; Oliver was there; they were washing h ; s head ; before this, I think I saw Oliver and Teeple lighting; this was »fter I saw Cunningham In the hall; think it wast efore I tqqk the chair from Teeple ; I did not see Teeple fall; last I saw was Teeple leaning up against the South wall of the sitting room ; he was lying down with his head up against the wall; this was cot long after 1 took tho chair from him ; dofc't mind of seeing any person with him, or who was in the room at that tine; I Was in the room ; saw nothing moie than ]*have stated; it was not mote than n minute after I took the chair until Teeple was on the floor, I think they were taking Bowder oat; eould Hot say who took him out; I was scared a little; did not fee Oliver doing any thing; thought it was him and Teeple that were spatting around; can't state what was done wi'h the chair; I had gone into the room about 6 feet, to get hold of the chair; then went into the hall; think I was back to the door again —was in the hall probably a minute ; did not see Mr. Teeple getting kicked; did not see Lafayette Shaffer at all, as I mind of; think, then, the fight was over; saw Teeple kind of dowu against the wall t had not sqep him down before that) did not Oliver go out; John L. Jones was with Oliver in the kitchen—so was Mrs. Adlitigton aud Mrs. Oliver; Ad lington was there, holding Fred Bowder, who was wanting to get away. I stayed there till they got Bowder quieted: heard nothing said there aboqt this difficulty; Bowder wanted to get loose j Adlingtun would'nt let hiui go. After I left the kitchen, I wont loto the toom where the light was; Tcple and Cunningham were lying on the floor; Cannibgham had licen brought in from the hall; I heard nothing said. I don't recclloet of hear ing thing further said until after it was kuuwu thai they were stabbud ; did not hear defendant say anything; did not see hiui do anythiug, except to hold ou«tler: dk! uot see him itj tjae room where the fight was; diu not see him have a weapou ; did not Know of any per son having a weapon that uight; saw tie* leudant up stairs. Cruts-ti /mined —Whcp Oliver made the remark about New Castle, I was standing to the right of the door ; Mar shall aud Kowdcr were to uiy left, clo9o beside tue ; they were not facing the dan cing room ; they were below the door, mors toward the fire-place ; Bowder was next me—between aud Marshall.— Cunningham and Teeple were sitting be fore the tire; Cuoniugham jumped up aud said, "if you have got anything to say about New Castle, just show your baud " There was about three feet be tween Cunningham and Bowder. The fight commencod within two or three lect from the table, in the middle of tho front wall of the house; I sto id u little to the left of tho door; saw no person in the corner but those engaged in the fight. The hall door was op«u as I wont uut; came back immediately; law Cun. uiugham stagger out; the moment I reached the door. I was called onto help take the chair; I then weut immediately baok to tho hall; I was no£ tjiere ftiore thau a minute—perhaps less ; saw no one there yor diil I t<peuk to any oue. I then turned back to the door leading into the sitting room. I did not seo the wounds in Cunuingham's body. By the Court. —l stood within about 5 feet off Bowder when h# loll; I was th(;o to the right of the door; Cunningham struck him two or three times— then L turned aud orossed the room into the hall, out of the front door onto the board walk; then turned backT;saw Cun mngharn stagger out and sink down in the corner; I then went to the door aud saw ihe chair raised. Mi*s Rebecca Wcimer sworn—l was at tho dance on- the 24th oi December last; did not see anything of the light; was up stairs during the difficulty ; did not hear anything of the light; wai up statrg wheu Oliver was brought up ; dojj'i remember who was with hiui at the tiuio ; : •aw Adliugton upstairs at tjjat time; he threw open his clothes and said, '-anybody might search hitu, he had nothing about him." This was at the time Oliver wan there after ho had been hurt. Adliugton was fusing me when he gaid this ; there were several in the room, but I could not, name them; think Mrs. AdHogton was in the room ; she was standing baok a piece; Ido not kuow th.U he addressed unj one but me. He thiew open his coat and vest; s»w him unbutton bis vest; I had not noticed Uttu speaking to any one before this; did not boar Lim speak to Oiiver; I had ugt said anything to De teuduut; Oliver was in bed at this time ; I had beard them talking, saying there had been fighting; 1 was in tho room when Oliver and Ailingtou came up ; did not hear any one say they were badly hurt; saw no weapon that night; did not li -at of aoy. Crou Examined. —l was up stairs all tho tine; L was not dancing ; don't re member when L first went up ; I had been dauciug; Frederick Bowder was my part ner; Mrs Weller auu Miss l'y.es y/ete with me up stuirs. I had beeu up thore ...ore thau an hour before Johu Oliver was brought up. The Doctor came, in less than uue fourth of an hour. Mrs Adlingtoj aud Mrs. Weller were there from the time be was brought up till the Doctor (ame. Fred JJowJer was there , also I was there when the Doetor ex- . nmi&ed John Oliver's head. This con versation occurred before tjie Doetor came. I think BoWder was in *ll the time from the tltfco Oliver was brought up till the Doctor came. Don't remem ber that Jones was in beforo the Dodtov came. I knew t here w»s a man badly hurt in the hall—Cunningham not more than twenty miuutes before the Doetor came. I did not know thete was a man hurt before Oliver was brought up. I heard some one esying there was a man hurt. Heard it was TeepU; £ think it w*a Mrs. Weller said there wee a man hurt. I was sitting on the eide of the bod—no one beside me—ana sure. Id d not know whioh one it was . that was hurt; I knew it was either Teeple or Cuuninghsm. Do not k=ow vet,- I nid not hear that a man jrse stabbed until after the Doctor came. Saw no iftapoii-* nor heard of any. Gtorgt Pringfe sworn.—l was it this dance. I heard Bowder tell Teeple and Uunuingnam that whan they earne beek if tbtj behaved themselves they might enjoy the dsnce. I was datieing with Msg Newton / heard a noise in the eit» ting room I stood beside the grate.-*? Caifin Waller came out; said they wire fighting in there, and to eome in; I wen* to the door; heard some jangling and ?aw some muring around. Bstd ''l guess there was not thucit the matter;" 1 >o|tod in sgain ; saw Cunningham knock Fred Bowder down and hit him two or three times. Saw Oliver go in and raise hif hand, when Cunniughaui knocked him down; he thin pioked up a chair, its. Adliugton was in frout of we, and I told him " for Qod sake not to let hint kill Oliver." Mr. Adlington stooped us I thought to pick Oliver up. Oliver diudeij the stroJe off and gut up; Teeple was standing wilfeiu three or four feet froui Cunningham— l took him for CUB uiughatn—Teeple struck at Oliver, and he returned the blow and kuocked him into the corner He struck hint several times. 1 heard the blows, but could not see either of them. There were several ladies standing in rear of me wanting to get in, and I stepped baok into the north room. Saw Oliver ootne out govete I w th bloody Saw Teeple gofna from the lite place toward the door lead ing to the hall from the sitting room. I was then interrupted for a moment; next saw Teeple sittiug on the floor in the eortuer of the room by toe'«IOOT. { went borne immediately after that; oame b i> k, passed through the north roq«, up stairs; saw John Oliver lying tliere badly l)t*rt; came dowu and went to the sitting room. Tho Doctor had arrived, and both Teeple and Cunningham were lying there. Thiuk I had naw Cunningham in the ball before this. Then went through the k to en aud dining room into the bar room ; then went up into Oliver's room again. Tho first time I was up Mrs. Oliver and Mrs. were there. The second time I was up I think Oliver asked if those men weie sgoihg to die. Adlingtun said '-be did'nt care a damn." Mis. Oliver reproved him. I don't remember what was said ; every one was talking. I heard Adliug ton say, afterwards, that he thought thAy came for a lass, and they had had a pretty seriuus oue. This was on the next day. He was not Bpeakiog to me particularly. They were talking about the occurrence. I laid my hand on Ad lingtuu and told him no , to lot them kill Oliver. I did not seo him have any thing in bis hand. Mr. Adlington just stooped as I thought to assist Oliver up. lie was abjut threo feet from Cunning* ham. He advanced toward him, was within two feet, of him : perhaps closer. / did not see him extend his ' hand. I eoul I not, from my position behind him, soe tfiui extend his hand. 7 think Ad iington caught Oliver witfy his left haqd just as lie was gulling up- I did not see Cunningham again until be was in the siitiug room when the Doctor came. It has always teen a mystery to uxe how Cunningham got out of the room. Did not see Adliugton leave : The last/saw was the act described. Adlington came in and passed mo, and stood in front of me befurp Cunningham kuocked John Oliver dowu. This was uear the door leading frum the north room to the sit ting room. Oliver came in through ftia same door; both pushed past me. Bow der wis getting up when Oliver camo in, was stanaing about eight feet I'roiA me at tins timp. Oliver's head was lying toward the north roum when be WAS kuocked down. Cunningham touk up a chair and struck with it) it was at this time I called on Adlington to protect O.iver. When Oliver got up he made at.Tetple; struck him; knocked him into the corner. J saw do*tnoreof the fight, but turned and left. I thiuk I saw Siilney Oliver carrying the lamp out uf the room. By the Court.—/ do not know what wag doue w.ih tho chair when JLJliver kuotki d ufi' ine blow with his foot. J think it was set down. Direct. — I thiuk Sidney Oliverstarted out witU the lump just at the tiae Juhn Oliver came into the room. Tho lamp had been sittiug on the table.. I suppose hu Johu IU going out with th 3 lamp; the chimney was off. 7saw some one take the lamp out of Sidnby'9 haud. This was betbre John Oliver was knocked down. There wv> plenty oFlight iu the room. The grate wa* giving good light, and there was a large glass lantern on the mautel; /saw uo weapon used by auy oue. /saw no weapon that pi"hi. /'did know of *hy one at lhat time, huvi ig a weapon' ibtra that night. J did not see Mr. Adlington struck' at any time; did not sea him struck at. I di(J not Jjcar hny one use insulting language toward defend Saw Amberson have Jw poker in the hall. I did not knoV who struck Sidney Cunningham ib*f
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