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