Might. I had a conversation with Sidney- Oliver concerning this matter, about four orjfive o'clock in the moruing, in the din ing room. The Commonwealth proposed to nrk ths witness whether Sidney Oliver did not tell him on the morning aftor the difficulty, that he saw Adlington have a kaife, and that witness replied, " ye.i, Qoffitv it, too. This for the purpose of refreshing witness' memory. Defendant, by his cotinsoj, object be cause it i* hearsay, and Sidney Oliver should bo called upon. Because, fcl»o, it was s conversation in the tbsenee of defendant. It ha* nothing to do with thUMse »* thmr own Witnesa, and hss alrssdy declared three time*, dis- | tiaotly, that he did not see a knife io defendant'* hands ; aad outside declw.i* lions of third parties cannot bo reeeived as etideaee. The Court suggested Jhat the proseea tioet should draw up their proposition so as not to Include th» reply the witness ma<fe. They would nut receive it iu it* present shape. Mr. Thompson, said with all due re speot, he wished tho Court to piece upon the record his objection to the changing | of the Commonweo th's proposition, sfter the defendant had filad hi* objections. The (3onrt said they would entertain no suah proposition. There was nothing now t>efor»! the Court. We rjfused to receive ttse firet proposition. They have now drawn up another. The prosecution proposed to ask the witness if he htd a coevers*tion With Sidney Oliver oc ths morning after the difficulty about a knife; this for the pur pose of reiresbing the w ; t#ess' memory. The defeodant by hi* ceunssl object on the ground of its being hearsay, and that declarations of third partic*, in the absence of the defendant, aro illegal. The Court over-rule the objeetion,and permit the question to be put for tho purpose proposed, and no other. Excep tion noted. Witness resumed.—l had a conversa tion with Sidney Oliver on the moraing after the difficulty. There wss some thing iq relation to s knife, I did not see anyone during the difficulty having a knife. CYois examined. —l *aw Cunningham rafse a chair at John Oliver ; it wa* fore this I saw Sidney Oliver with the lamp; saw Cunningham knock Oliver down; Oliver passed me to my right—he fell to my left hand. The first I saw of Adlington wag about tho time Oliver came in, Adlington passed on my left hand, exposing liis right side to me ; I saw no weapon in his hand ; think Ad lington caught Oliver's right hand with his left hand; think he helped to lift him ; Oliver was lying with right side to jne; Adlington was oo his riuht side >l.O —this would turn Adi.ugtou's left liand toward me; there was light in the room. If he bad had a weapon in his hand, I might not have seen it, as I was not looking for such a thing ; did not ob serve anything peculiar in the manner of defendant when he came in. I went home directly after this, to my father's. Direct. —Whep I last saw Adliqgton and Cupningham standing together, Ad lington wa* standing to his left hand. Mits Margaret AViefon, ncorn. Court adjourned till 9 A. M., to-mor row. SATURDAY MORNING, March 16. The prisoner was brought into Court t>y the Sheriff. The jury answered to their names on call of the Clcik This morning an uncle of Sidney B. Cunningham, named lligby, appcareJ in Court. lie resides nenr New Cassle, Pa. JWISS Margaret Newton —l was a* tho jiarty in Portamville, on the nieht of the difficulty. The first I knew of the fight, I was standing with Heurj Bowder, in the dancing room ; Calvin Weller come running and told him to come, for God's sake, they wero killing his brother Fred. He ran toward the sitting room, and I ran after him as far as the door, and was stopped by the crowd ; they were picking Frea up when I first saw bin>, I then tpipcd round ; some one said powder's ami was out of place. I told it to the ladies and told them uot to bo fright* cneil ; Weller came out, and wc kept him for a while ; be broke anay and went in to the sitting room, where they were lighting; I next saw John Oliver stands ing covered with blood, a short distance from the door; John L. Joue* was near him ; could uot hear what he said ; he seemed to be trying to stop the fight, 1 .stepped into the room and caught hold of my brother and brought him cut; he said he would go ia again, but would not fight any more—the fight was over; he weot in, but was not there long ; some one brought him out; I went with them to the kitchen; the door was open all the time between the north room and the sittieg room ; did not see anything else but what I b®*e told; just a tcr Weller turnod roupd and went in I saw Mr. Oliver; had beop looking in before I heard blows struck, but did notseesny oue strike a blow. I saw Bowder, Jones and Oliver io £be room ; Oliver .went right back; there .was no fighting afctr that; he rery soop .came out and wc went to tne kitchen. I jcould m tec into the door the last time, although I tried to; the light was then over ; there were one or two with Oliver when he came out—l do not know who they were; Mr. Ad lington was in the kitchen ; don't know whether he oame out with him. They •wanted Oliver to £0 upstairs to bed—he would not go; said be was not mtieh hart. Fred Bowder was in the kitchen; Adlington was with him; said be would keep his neck tie till he would get over his exoitement; Oliver said he woald'nt fo— he was not much ■hurt. 1 told liim , e meat go, that he was bleeding to I death; Adlington said, "yes, go up; stair*, for a dead man." Adlington't I wife went along up stairs, and I turned ' %3k, aftor pushing her along; they went. up stairs; I did not go up for a while.— ' Mr. and Mrs. Adlington, John Oliver j and Mrs. Oliver y.ere there; they wore I talking about the meu dying; Adiington ' said lie did'ut care a damn how soou— • they had got what they came lor. This had reference to Cunningham and Tee- ' pie. Mr. Adlington told me where be j jjiad been and what he had been doing i fj-o fj-o fijrht: he wis in the bur re >o ' when it eouissenoedho ran to the j kitchen and stayed there with his wife j and Mr*. Oliver until it was over. This | was the first time I was in "tiro rcotp up ] stains ; the first time I started, I did not > get mp aMirs ; 1 got Mrs Adlington to go up, and I turned back ; I went up shortly afterwards—suppose nbont ftv» minutes—not loss. Mr. Adsington ad dressed hi HIM If to me; we were tilting before the fire a', the time. In spenking uf the men, Mr. Adlington said that in the evening he had made tb« »i»n of an Odd Fellow to Conn ngham and Tecple, bat they did not uotioe it; did so again with like result; finally asked them (lai«,l;. They said they were net Odd •llows. He ssid that was what he liked to see—men answer plainly. This, he said, oceurred in evening before the Beht. I understood it was after thry returned from their walk. This cocver sation was up stairs, when sitting by the fire, ia Oliver's roeai ; did not her.r him nay anything about how the men got hurt; did not hear lum speak afterwards, that 1 keow of; did not see either Cun ningham or Tecple when I looked into the room. The first I saw of Teeple ani Cunningham was sitting before the f'ra in the room ; ne*t looking in upon the daueers ; o«st stw Cunningham dance;! afterward cslliog figures for others to j dance. Mies Pple was his partner; I think he deseed but once ; called figured j after he danced—think it wai the ne*t j dance. lie stood leaning against the 1 wall near the stair* of the north room, when he called figures; did not sec him I go back to the sitting room ; did not tee him play the fiddle It was half an hour alter he danced till the fight com menced I next saw liim lying oa the floor just before he d ; ed ; the Doctor ha<l attended to him ; did not see Teeple in the dancing room ; don't know where he was when Cunningham was calling fig ure*. I kneff after the fight, that Oli ver had the revolver cr knuckles ; dld'nt know of any other person, at that time, having had a weapou ; did not see the bleeding stick that bight ; never Baw the stick before qor sinco. I saw Adliagtoo first about ID P. M , when he brought Mr*. Adlington to the party; nest saw him in the dancing room—it was about a quarter of an hour aftor he Drought his wife—he was dancing when I noticed him ; was dancing with hi* wife ; do Dot know how often he dsnoed ; think, he daneed more than once, don't know whether he danced at tha same time Cunningham danced, or not—it was be fore Cunningham called figures I next saw him in the kitchen after the fight was over; don't remember of having ' sees him in the meantime ; uiay have | aeon him between tfcose times, but can j not call it to mind. Oron examined. —My attention was | not specially called to Mr. Adlington.— | Did not soe defendant go for a pillow to | put under Cftnniughutr.'s head. The i sitting room was very much crow led du ring the fight ; I had passed through the sitting room once or twice, but did not stop ; Adlington danced before Cun ningham ; saw a chair raised, bqt did' not see who l}a<} it, qor who W*s struck ; it was raised near the hall door; (his was a short time before Oliver came out bleeding. I heard some one cry out, "oh !" I don't know whether auy one held Bowder in the kitchen but Adling ton , this was before Oliver was washed ; I was in the kitchen alt the time ; did not see Mrs. Adlington wash John Oli« ver , he was bkedicg profusely ; I was alirrmcd at his condition ; Adlington called to his wife to assist him, and they look Oliver up stain ; believe I went up stairs soon after the Doctor had dressed Oliver's wound ; went up while he was dressing the wound, bat went down im mediately ; next time I went np the wound was dressed ; don't remember of seeing in the room. It was kmwn when I was up in the room the second time, that these men were stabbed, and was the eubjcct of conver sation. He told me he had given his handkerchief to tie up the face of Cun ningham ; don't know the exact time he told ipe this ; believe I saw defendant once in the dialog room. Teeple and Cunningham were strangers; never saw them before this evening. Lafayette Shaffer sworn. —l was at the dinoe at the house of John Oliver; was up stair* at the time the fuis began. 1 beard-A ooiee, and tan down ; saw Teeple standing near the door ot the sitting room; Oliver had hold of him ; Iran into the room; Teeple hit me and knock ed we into the hall; I went in, and he knocked me down again; he knocked me down three times; the thjri time 1 don't know where I wcut; I seen stars for a while; was knocked twico into the hull; the fir»t time 1 wont in through the hull door about four leet into (he sit ting room; Oliver had hold of him; he hit me the first time with his loft hand ; I was not duing any thing; came down to see what was going on ; did pot make preparation to strike at first; after I was bit 1 felt like taking my own pari, tad was approaching him to hit; but he knocked me down before I got a chance to hit him; the third time 1 intended to hit him' and did hit hiss in the free with my fist; had so weapon ; did aot aee any one, nor know of any one having a weap on that <Vght; Oliver and Tecple were standing three or foar leet from the door; Oliver hud hold of TeapU; did not sec tipi strike; saw no blows struck but those that hit me; think they were at the right of the door as I went in ; there were a gced many in the room, I could not came tbern ; I thought 1 saw Teeple stride Oliver, the third time I went in, and stagger liim back; I think Oliver still had him by the band ; think J. bit Teeple in the face or head ; he was at this time CB the left side of the door as we went iu; they bad shifted their po- > sitioo j I do not recollect so well what occurred en the third time I went in; I 1 wnt hit in the face and Baw '-stars " I ' juked denn at the first stroke, but didn't { juke low onjugh ; don't niiud of juking j afterwards ; Henry Bowder flood next i the street; don't mind if there was a ta- i ble in the room ; there were a good many I iu the room all round ; can't Buy who were 1 immediately around Oliver and Teeple ; saw Bowder; think Tesple hit Oliver; think I siw Oliver hit him in the face; doji't recollect of fet&ring any thing said; did notMe Ciw<H»gh«m; thought I saw S'XDC one standing pear the bar room door as I first went into the sitting room ; he was not doing any thing ; just saw him shading there ; I was knocked to the op posite wall of the hall ; I helped myself up ; did not see toy other poreon in the hall ; saw no one ia the room but Tee ple, 01.ver, Bowder aud myself; there were others tWe but conld not name them ; think wlyen I cainc out of the room up siaiM, aftirt heard the noise be low, I heard son a one hollow "fight." Mrs. Weller. Mian Pylc, Jaiuea Yogan and myself were in the room up stairs. Oliver went out just before this; heard no cry before leaving thn room. It was the noise below that attracted my atten tion ; they were "fussing around ;" there was oarpct in the sitting room ; I follow ed Oliver ; he wa* about the foot of the stairs, when I came out of the room ; did ejt see him again until in the room. It was not Oliver I saw in the hall; it was a larger man ; believo there was no one follow lug me down stairs. The bar room door, and sitting room door were open.— Don't think 1 had taken more than two step* in the room when I was struck ; think Teeple was facing toe; Oliver was at Teeple's right side when he hit me; j don't know who was at Teeple's left.— j There were persons standing within three ior four feet of Tecple; was acquainted j with all the party except Kirker; sup | pose there were s.x or eight persons ia ' the room ; there was fire light in the room; did oat notice a lamp; did not no'ice blood on Oliver ot Teeple ; struck Teeple the third tiaie I came into the room; Calvin Waller cough t ho|d of me just after I struck 'i'eeple; tliiuk I saw Oliver strike Teeple at this tiuio ; Wel ler, I think, came out ol the dancing room ; I suppose I did not think of see ing Weller before this j I was near the fire when WcNor caught «ic ; can't tell where I fell, or whether I fell at all, the third time I was struck; think Teepfp was near t|ie middle of the room—near the fire—when I struck him; he did not hit me afterwards. By the Court. —l oan't tell what w*' the effect of my blow ; can't say I knock ed him donn; think I hit him iu the lace; hews* at tho side of the grate next the North door when I struck hiui. Direct. —Wellor took me to the Jforth room ;;think Oliver struck Teejjlp about the face ; don't remeaiber that he l)ad hold of Teeple at that time; Miu New ton and my sister wa* in the North room wheu Weller and I went out; there were other persons there, but couldn't 6ay who; think there was no one standing iu and I around the door when I came out; Miss Shaffer and Mis* Newton were standing by the fire in the North rcom ; 1 stayed there till John Oliver came oui ; hoi cime shortly »fter I did ; saw him first between the door the grate; there were per son" around him ; can't n&iue tbeui ; af ter thiiy went to the kitchen I saw Miss Newton and Mrs. Adlingtou with him ; OUver'a face was all over blood j Weller brought me out and staid with me uutil Oliver came out. Mr. M'Cafthy, on part of Defendant, asked if it was proper i'or the prosecution to argue with his own witness? The Court *aid they saw nothing im proper ip the question propounded. U'IYMCJI reeUfTttil. —It was beoause Wel ler brought me out of the room that I thought he was present wheu Olivet came out; I was between the kitchen door and lhe grate ; Oliver passed by me ongoing to the kitcben ; Miss Newtou had hold of him; went ti t 1 e kitcheu in a few seconds afterwards ; my sister weut be fore me; don't mind whether any one weot out with me or not; Johu Oliver, Miss Newteo, my sister, Adlington aud Mr*. Adlington, Calvin Weller aud my self were in the kitchen ; I believe tluy j were washing Oliver's face and head ; ! Mr*. Arlington was washing him; did i Dot A'-iliDgton say uor do anythiug. i I v.a« there when Oliver was taken up stairs ; Mrs. Adlington say "Johu . amc up stairs for dead;'Adlington was standing looking on seeing Johu Oliver washed ; did not see either of the Bojyders in the kitchen; Mrs. Adlington started with Oliver up stairs; Adlington followed be hind ; I went into the hall; found Jos eph Hindman in the hall; Miss Camp bell fainted at the foot of the stairs, as they were going up with Oliver ; Joseph Hiudman and Yugle took her out and bathed hei face ; 1 came lion; the fin ing room into the hall, and thep went out on the porch where they were bathing Miss Campbell; went luto the sitting room : the Doctor had come ; Cunning bam had been brought iu; saw the Doctor examine Teeple's wounds ; saw his cuts ; Doctor said be could not live ; saw Ad lington is the room ; saw liim help pull thebootsoff Teeple; John L. Jones said get him up on the loange ; Adlington said he couldn't get up, that we would hure to lift him up ; uo one had tried to get him up before this ; heard Teeple ask for water; did not hear him say where h* was hurt; Adlington helped to remove Teeple'* clothes; dou't know who helped to remove <'unuiuglwm s clothes; the Doctor was the first 1 saw discover ( ungiugham's wound* ; do not know by whom those men were hart; I had DO knowledge al the time, por since, who hurt Cunningham and Jeep e; do not know whether any one had weapons or not; I had no cooversation with defend ant on the subject; saw Adjington in jail list week ; Calvia Weller and myself weot dowu to the jail; Welksr took liogton some apple* ; bought them at a grocery ; Weller suggested to me ykes' grocery, togo dowa and see Ad lington ; it was last Tuesday or Wedues day, about 3 o'clock p. m ; were iu the jail abuot five minutes; Mr*. Adlington sod snother lady was present; think the lady sits over beside Mr. Adlington; there were no others present; there was a young lady came in afterwards; the same one that let us io ; we had no pai ticular conversation except to ask him how he got along; we did neither of ua speak privately to Adliogton. L'rost exontintd.-r- 1 wag acquainted with Adlington previously, and 1 had no | other view than to greet him as an ac- j quaintance ; Mrs. Adlington, and I think i this 1- dy in Court, were all that were < present. Conrr adjourned to meet at lj p. m. j AFTERNOON SESSION. Court met jursuant to adjon-nat'st I I Prisoner brought iu by the Hheriff.— Jury called and answered to their names. Willian% Covert ticorm. —Saw the de ! feodant have a double edged butcher knife ir his possession, c short time lies fore last fall elation, at Mr. Pyle's house, in Portersvillc ; he had It on the in&id* ot' his vest, puiled it out aud showed it to ine ; the blade was 5 or C | inches long, and li inches broad; he held the handle in liis hand ; tt wis sharp pointed ; be put it back into kit bosom ; this waa in the house ; tUd not observe anything peculiar more (nan I thought it was made from a file; saw some of the ureases of what I took to be Sle marks. George Boston sieora.—l lire in ?or ! torsville; am a biacksuiith ; don't know anything about defendant having a kniie; never saw him have a knife; I made double-edged knives out of files and mill-saws; made about half a doten j au|i one to /McEckles of Lawrence Co., I about 0 month ago ; sold one to Anram, Weaver sit pionths ago; gave some to men going to the army—«ue was 10 inches long, the other 5 or 6 inches long; don't believe they ever came back ; gave one to Gibson, one to Covert aud one to Walton's SOD. Those }0 inches long weie not so wide—they ymre not more than three fourths of an inch wide ; tbe two short ones were about 6 inches, long; the description given by Mr. Covert in his testimony was such as the knife 1 made from a tile. I had two of tbeui in uiy window ; missed one of theeu in the fall about butchering time ; never aold nor gave tbe defeudant a knile; have never seen the one 1 missed Ituui my window ; believe one pf them was made of a file ; file marks eatiqot be hammered out —they may be ground out ; believe the one I have yet is not made of a file—would not be positive; the blade is 6 iucbes long ; handle about 4inches ; (ink teirule round the handle; blade about an inch or an inch and a quarter broad ; the middle was fullest— broadest toward the point ; tapered to a point; tapered slightly toward toe ban die. This description would apply to the knives in my window fjrott ejconuneii. — Uave blackimithed 13 years iu Portersville; have made many knives; not more than ten double edged oues were made by me; people Wanted butcher knives. James Foster eworn.—l hvo in Por tersville j am a larun r ; live with 6am uel McClymonds ; was at tbe party at Oliver's; got there about 7 P- M ; went there becaasc there was a party—was not invited; was sleepiug in the bar room when the fight commenced ; went nut and saw John Oiiver aud Teeple fighting ; there was a great crowd around the door; could'ut get in—looked a lit tle while and went back to the bar rot ui. When 1 wa|ted up, they had qj| goqi out of the bar-room j there was a crowd in theai'ting rooui door—could not name them—their backs were to me ; saw Ol iver and Teeple fighting} they were tit the north side of the room. Oliver had hold of Teeple ; they were fighting there when-I went back to the barroom; La fayette trailer was kuovk-'d sji|c(vays and head foremost clear out irto the hall by some oue ; cau't tell who werd stand ing arouud tbe door; did not seo who hit him ; went as close to the door as 1 cou'd get tor the crowd ; saw Fred Bow der strike, but did not see hiui hit any one; he seemed to strike above their heads. 1 saw Sidu«y Oliver and James Amberson io tbe room ; Sidney Oliver was just about to take the lamp oflf the staud—did not see him take it out of the room ; did net see Auibersou do anything —he was in front of the fire. Did not see Bowder hit Oliver ; saw John Oliver hit Teeple two or three tiuies; did not see him have any weapon ; did not see Teeple "bit any one. 1 was standing to ward the west side of the room ; there were others standing around l>id not know Cunningham , did not see him i° the room. Don't mind of seeing any one in the hall, except those around the door ; went b ck to the bar room. Tee pie and Oliver were toward tbe north side of the north west corner of the sit« ting room when they were fighting ; saw Shaffer go back into the room after lie was knocked down ; last saw hitu stand lDg opposite the Qi s—nd one around him when 1 saw him last; did nor notice VVeller; saw Bowder oU*«]t* the hull door, going toward the nonh room door, in the direction of Oliver and Teeple ; did not notice Jobn L. Jones iu the room ; did not s?c any one with his coat off; did not see defendant in the room—saw hitu after the fight; saw him in the sitting room about eight in tku evening—there were several present; John L. Jones, Wm- Kirker and Fred. Bowdier were present; was jiot there when Teeple and Cunningham came.— Did not hear anything said by defendant. Kirker was fiddling; n :xt saw defendant after tbe fight, in the kitchen with Johu Oliver ; defendant tcld Sidney togo for the Doctor ; I went through the sitting r jom and dancing room to the kitchen : defendant's hand was on Oliver's shoul der when he told Sidney Oliver togo for the Doctor, that Johq wai badly buit; there were a good many in the room ; don't uiiud of heading anythiu? etse said in the room ; next saw defendant ab >ut 10 A. M..the next morning 1 bid him •■good morning;" had no talk about the trouble ; know of no one having aruis on that night; never saw the defendant having a knife at aby time ; went home about ten minutes after I saw Oliver in the kitchen ; saw Cunningham sitting in tha hall as I wa* going out. When I J fame out of tbe bar room the second . time. I saw Cjunningham sitting in the cornai of the hall; this was befo-e the fight wup over. J saw Teeple lying on tbe oil cloth, by the sitting room door, 00 the loft ps yoago in—his head rather half across the door. At this time there were a good >0 the north room. ; kitchen, on the pavement, up stairs, kc. Crou examined. —Do not recvlVq.<rt that ! ' there ware aity person.s io the room 1 was i'eopin ;on the set&e in the bar-room ; I stood in the rear of the ' crowd, by tbe bur room door, ooking in : to the sitting rrom, for about a minute ; | there was no person in the bar-room wheu 1 first came out, there was no one out side the bar-room door, exoept that crowd of irhieb I spoke Fleeter irk R»tciicr, ttfoYtt. ! lire on Har mony r mil l J mils* Iruin Poriarsville, in this county ) wu» at the dance at (he nouse of John Oliver »n tbe nijjhi 112 Iba24ih L>e cerab-r last, am tcquaiuted with the De fendant; saw hii»in the anil, oil last I ues tiny or U ednesday ; believe it WM "n Tues day al tern-sin ; went do«;i> a o'clock ; Obdiah Cratty and Win. Kennedy were with MEF *IK in the grocery and they iiy ritta l nn my going with them v wo lu'ul nu talk in reference 10 this difficulty ; there was nothing said in my heaving about It , Mrs. Arlington airl aio'her lady «et* present; no one had a private Conversation wi b Ad- Itngtim-, every tiling waa aaid in a luud voice; t spoke to Mr. Thompson about whether I b*4 been examined. I went to |ha party about 7in the evening; but tho't I wouldn't Htay ; haul been digging coal alt day and was lired ; OB*»r wax in the door; V'ld mo to take hi a hotse; went for a part* par and drove back ; Oliver look the lady into tbe parkir; put the beaat in the stable;, came back and fopod O'iver standing in the hall -door (%id the pact} was fning un first rate, but tiiere had been two ('ll.uws thpre who were going to whin him ; said one of them was drunk and said he [Otiverji had insulted him ; snld they were gone o« t»• take a walk, or ha>l started away ; I went over to the Post Office ; was there a while - IS minutes or more—then went back to tha sitting room at Oliver's j tbeia waa a |vreol of buys there passing joke-*, Bran loo. Jumea 5j ■ rslmll, James Foster, Ootlieb Bradchi, Dqn<riddie Marshall and James Mossleman yrere tp the room ; Geo. Pringle said, lets get the girls and hate a dance; they danced ; 1 went up Maire; Geo. Prin gle, llenry Bowder, and the Defendant, weie in on# nl tlx satis; it was a cotillion ; there werd two setts ; think Defendant was jiOl in my seit; he danced with bis wife ; Kir ker played the violin ; 1 then went up stairs: when 1 came down I found Cunningham anil Teeple in tbe sitting room ; Oliver waa pay ing to Cunningham, "'that's all righUuiake yourselves welcome." 1 wept out to the bar room ; a ■ate one s«i4 Tefple ha t taken Cuoninphana away tq walk bun around ; 1 went up stairs for another partner and bail another dance ; think Nelson Stoner. Calvin Weller and Child " Vngle were In the sett with me; think the Defendant nor CUB* ningham were ii that dunce; went up stairs ; came down and they were waliaing; Punwiddie Mftinhall piode some foolish re mark-I was standing by (he titling loom door when Marshall maile the rcuiatk; I male s >tne reply, and walked on through toward the dancing room ; believe h« said, "how are you, Tennessee?" Wehad n tush ion of saying "h«w are you, Qunboatf" 4c. I believe mine was a ijiittt replf. don't ra tneiuber U; Cunning tarn jumped up «nd siiid, "if you want liny thing wi h New Cas tle, show your bant}!" I HiiiU I WAS not speaking to him ; he bit me HUII knocked IUO back against the fjonli r. otn wiill; 1 partly straightened n*>, ami he hit me again; it Siunned nie so I -lia nt recollect ot any thing until 1 lound myself in 'lis middle of tne dancing room ; can't tell wliqt<"k.im out; Ueniy linif.lef, I). Miir-|mll and Miss Newton were with me il)«sn , don't kin yv t>s 1 seen any thing after that; they took tne to the kitchen ; tirough' Oliver there all coy er ed with bh od ; can'i tell what t was do ing; 1 was tnad and angry at being hit with out a cause ; iliey took me to tbe |H>roli ; to ij)e PH'up ! wiyti II).- ; lleti|y Bpuder and D. Marsoall were with me; Adltngton pass ad meat tne pump; this was alter Oliver had been taken up staiia ; beli-ve Kirker was there ; Adlington was behird me when he ep-'ke ;o me; lie was beiwe-n mo and the wall of the lonise when lie asked lue if i was much hurt ; con't t?11 bow Oliver got to the kitchen; he there >vlioa I vvpn fu ; 1 was siunned and bleeding, ana can ' teli huw long 1 sopped in the dancing n om; heard no remark as 10 wha' h d taken place in the sitting ri oui ui tii i went up stiirs; that was afier i bnl un-had off; Oliier was on the bed ; Mrs. Adliugion, Alias Wymer and myself wore there ; 1 Heard, while 1 waa there, that aoine one was hurt ill the ligni; licutd sine onp say ibat somebody wua hurt down stairs ; can't remember who it was; don't reuieiuber who all were in the room; asked Ulner if lie was much bun, tie said tie thought not; he asked me tbe same question; told him 1 thought. 1 waa uut uiuon Hurt; believe Mr. Priugle came up and said there was a man m ili&,lia'l badly hurt; don't recollect seeing the De fendant there - believe Mis. Arlington war there ; when ihis announcement WHS made 1 did not notice any une go down ; can't tell wiiy 1 did n l god wn ; believe 1 c uld have gone ; believe i would have b- eii able togo, alter 1 left the room 1 went down sinirs ; ti«;ry Jjowder told me that Teeplc and Cun ningham yfurt bo(ii slabbed and one ol them was about dying ; the Doctor was there then ; lie told me they were in the sitting room : said this in the hall jtii-t at ibe 112 oi of ihe stairs ; 1 passed on into ihe hiir-r om : Dun widdie Maishall and Jaßtrs Uibaun ware there ; 1 had n special rca on f>r npt g dng into tlie sitting room; 1 wept up S'birx again, spoke to my ludy ; came down and weutto the stal.le, got my horse, find went home; don't know as i heard any one px press »urpri>e that such a tiling Had hap pened; don't know uf any one having any aims; 1 nad a pa ol in my overcoif p->ckel, but did not know it till next im Tiling; 1 luul bten in tbe Sabit of carrying a pistol in traveling nights on the roiul to Pitt-burgh ; tbe piaiul 1 think fell out ol my overcoat picket when ttiey had it under the head of I'eeple ; beliete the Doctor found it; bad no kmle in my lian l : saw no une else have a knife ; have nu knowledge uf bow these uien got etahhi d. By the Court.. —l was struck by surprise ; citi't tell when 1 took my fa'se teeili out, but aui certain it waa not until alter 1 re ceived tbe first stroke. Direct.— 1 got a drink from D. Marshall, one Iroiu Mussleman,and a drink in tlie cel lar; aiw Marshall la e a drink when 1 did; Oarlisie Badger, Mu-sleinaji and myrelt drank ; Lafayette Shade , Calvin Weller and myself t ok a drink in the cellar. Cruta-cxu, nicil.— Ib« re Was nothing ju (he remark ilntt wns made " Ouiilioat," '"i'enues ee," 4c., intended to insult Cun ningliam; it alluded to pluces we bad been in tne ariuy showed where Cunningham struck ; bled Irrely; had a neck-tie. 1 mind of Adlirglon banning it tome ; don't mind tha l he t>' kit fioin tne in tlie kitchen; lie might have been among lonise who were ww-bipg ine; 1 was uiuoli stunned; he was c!»s« io my rear. Ite Dirut. —There waa nn understanding ! Ix-tween me and i>ldie Marshall IT any | other p rsoi tout we were io g t up a l tha: eight. Carlisle Badger, jirorn.— 1 waa at tha party at the house of John Oliver ; waa sit ting in the bar room when the fuas cufi inenned ; ran to the r.utn ; saw Fred Bow der down ; some one helped him up; lie hit Wm. Kirker; suw John Oliver come about 5 feet into the room from the dancing loom when Cunningham knocked him down ; he got up and 1 saw Teepla going tor him ; they both met; struck a few blows; Oliver got Teeple bent toward the w«ll it, the Nor'; : weat worn»r of iheriom; Oliver airttck | p!c 5 or 0 time-; they not over ward the lutll while fighting; Tei ple sjjjd, ' "for God sake if there are any men among j you, i-cnte one at a time ;" Oliver bit liini , once or twice after that; they had got to tbe \ other corner of the room ; wa- on ! his knees - my attention waa diawn for a : moment to Ibe otbrr side of the house; and 1 when 1 looked ajtaio, Teeple waa lying on bia bae.k and bjv fm waa next the Jancing t room; |«» Arlington with hie hands upon the dour cheek, kirk 'let-pie three.lime* on the tide of.the head; James S nr-<iiiHl mid I pushed him away j JunoS MU shall s-vid. '•furUod sake leave nan alone;" I> heard tilt Defendant "killthc soryul .1 hitch!" Thtt WIIK niter we hnd pu-hedhim nipny; did hilt an jr anything ehu at that time j tjid not see him gn avvnv ; 1 wasnbiUt the mid die or tit* sitting room at thif time; did net Cunningham strike, ur any one strike at tiim &fter thti; 1 raw Cunningham nfter this, about fuur fret fmnr the hall door, Butpder asked Cunningham it lie could re member vyhftt he told him ; he raid "bedid, hot it was too late on*." Usury Bowder wasatapdiog the street just beside him; this was the first place 1 saw Cunningham • Iter he knoik-d Oliver dewn | think Tee pie wna then lying on the t«or , believe it was Itefore Teeple w>at kicked A <i Jfy Ike Cimrt.—Teeple waf not lying on the tlnar tii irt than a minute befnre Adling tnn kicked him ; Cunningham had his band* by his aide i did not see him d<> any thieg ; be looked very pale to me ; dtin't know that this attracted uiy atteatinti , 1 think John OJi-er, at thin time, bad gone iut of ths romp pirtet. —Don't know how Cunningham got into the position by the bull door; I changed my aeyeral times to keep out of the where Cunningham went alter. tiling it was after tlii-t I saw Jde fendant kick Teegle; next jaw Cunningham lying in the corner of the hall nbiUt two or three minutes after', believe I went out into the dancing room j'net after I lioarq the res marks of Cunningham to Bowder. This was after I saw the kicking : 1 tlifp ostne back into the silting room; then wentogftin through the north room and kitchen, and cauie hack to the hall when I saw Cunning ham thpre. Could not nntne who I saw in the sitting room when 1 came baek ; saw Mis- Shaffer in the dancing ro in, and told her 1 thought these mo-men wete dying in there. Suw Henry B-iwder to the right yf the ball door, a foot or two fri mit, he told me he thought Cunningham was lying in the corner dying. 1 said 1 thought he had fit nut and made his escape—then it Was want round through the kitchen and did ing room and saw Cunningham in the cor ner. 1 ne*t saw the doctor coining in. Be lieve 1 was pp stair) before the doctor at tended to the mep dowr, ttaiff. Thedictor Mrs. Oliver, Maggie Slewlon, (John Oliver and myi-etf, were there. Heard nothing said about the tiansaction ; erf me down in about n minute; went into tho haWoom, »nw Jollies Poster. Sidney 6liver an I sfvernl nthetc. Heard nothing said only nil though* it a die ulltU affair; don't mind of an)ping being »iiid abpuf |pw it h«ppent'(l 112 d C'or came down stair* as t came oui tp pie hull John L Jom-i-, James Maishall and mtnelf earned Ciiniiingbaiii into the Hitting room ; we placed him on the tlcor. '/'he d .ijtnr unbuttoned hts test, aid s-.id lie lad het'lt Stabbed- 1 saw ihe cuts on lite b dy, tlu-fu ware two culf on Hip lei" sitfe , first e»«v Ihe delendant iu the I niro <m at 3 U'CI.H kin the morning (-tainting before the fire. Some one said thet weie going home; defendant told them not to do so; ihev were jjojng to faold an inquest titer that man lhai is all 1 heard bmi suy. 1 saw hi n befoie ihe fii;lit in ti e barroom Dityic|iipg c -ppirs with Cult in Weller.bef >re the danc ing couiuienecd; next raw him in the sitting room at itifl'eieni times: lie jvu» ftyickwnrila a|i)(|'b'>r«j)jdf between t(|c siting ippiu and bart'Otn. 1 -aw lihu in iba dancing r oin dancing with Mis Otivtr Iw as n-1 danc ing. 1 saw one of those men dancing with Johanna Pyle ; defendant danetd ut tho same tune but no' in the MIH ec< tillion. 1 don't believe i' was the same nr.o who cal ed the figure that dumped, lint apii c. 'no-j L did not afterwards h-ntm ilnm apart i i-[ t 1 heard the one that was kicked culled Temple. The one who eiillcl ihc llguten went out of ihs n rib tom into the sitting room pas-id meiy the dour, jus' alter he wax done fill ing, and before the fight There was nothing iroing on in (lie sitting r. pin just before tlie tight, Cunningham am| Teeple weie sitting l.y the fire ; 1 went i ut befote the difficult V into the bat room ; eogld noi my how | ng 1 was there, was bacfc and oiward .d'ipnjdid not keep i-puid. The only time in the fight 1 saw defendant was. when he pas kicking Teeple. John Oliver eiunc into the harrooiq and fopk off his emit before tlje fight about u o aluck. He hail Ins coat op when he lopght. Saw him and Calvin Weiler talkinginjihe haripom; VV'pl) cr laid to Olivet "lie was ppt afsaid nfthoie into." 1 know of no unr liavipg weapons > Cro.it Examined. — l)id nut 6p-ir very much noise, 1 don't mean Jo say there was no noise or excitement. Court adjourned till 9 a. m., on >londny morning next. MOXDAT MORNING Maoh 18, 1807. '1 he Court met pursuant to adjournment. J. hii B. Adlingion, the prisnner, was hiongbt into Court by ihe Sheriff. The roll > 112 jurors was c tiled by the Clerk, and til I lound to be present Henri/ Butcdtr, Sworn.—l was presentat ihe lime of this difficulty at John Oliver's; eiime to Porterrvillo almut G p. m., stoj-ed ai J'yie'fjlwn gentlemen drove op in a bug gy; they t-iiAin; Pyl® introduced me to Teenlo j»bti imroduL-ed me to O'utiningbam as hi-> friend frntp Canada. They bad coine to poricrstillp to spend Christmas; asked if ihe ball was.ii this housv ; was told nul; asked lor oysters! Ui<v hod i ot.e at Pjle's I told ibent they could be got at the other h -use; i had reference to the Oliver hopse ; t Id them I would (bow them where it was; Mr. Cunningham asked nip if 1 waf ac quainted with Mian {totalis; told liipi J was acquainted with two id them ; he said Lou i-a was the one he meant; Mked me losliow him where she lited; I lold him I would; he atked me abttut the ball; I told nim it was a selejt p .rlv, and I was one o( the Committee. He askel if I could admit him; I lold liini 1 would hive t"-re the bal ance of thu i-ommiitee; ti-ked if Kirker was In ii wi ; t Id him we had engaged him to play t' r us; said he would like in enj v this party with us, unil 1 might ask Mr. Kirker ab yt |iis Cuniiiiigh <m it-Id me be was a Railroud Engineer;hf h-ld me what routes be rniut-t; 1 asked him il' be was acquainted with a certain Engineer; said he w>i, an-1 talked about him wea' rived at iheOtiver house; ■ hit conversation was with Cunningham; Teei-le was along; T walked between tliem. We went into the siltingfoom ; Kirker s-sin in; Cunningham went and they sin ok ha ids j Ciinningltf rn I-QUA began to ih <w • ff his "did'es;" naid .''he on il;" said he oeul whip the be«t nun ip l/fiifi fs ville. Alter a while I weut.out, told Julin Oliver there y;re two strangers in tlioytaim behaving badly, and he wu«ld have to at tend to thwti; be be Would; I went to the Host office and came back in about 15 minutes; Souie one told me John Oliver and One of the men had had a fuss . J started over and went into the sitting roo»> i Can. ningham was dancing around and a .ying "lis was on it,"and making use of the same kind of language repeated before. I thought ■ it time to put a stop to it:l asked Kir ' ker what kind of men those were, w>e l or they were fit to amy nt the f»i 'v ; Kbket replied thev »crn perlert gentlemen; nil vehadtodu «as to get Cunningham out; for a walk, lie was on a bit t.f a spree ; i went to the hall door und beckeneil to Cuii ; niHgl nm to corn- to me ns I w n ed to speak to -him; be said be wou d come when be was : ready, Cunningham kept dancing and I ; stepped up to Teeple and told him he had | better get Connm|bam out, as we want'd I ! ihe r.iom for the Indies; said he eould nob do any more with him ilien 1 could ; but liq' : Would ir_v, he spoke to him and caught me I hv the arm ami *» all thife went uut into, : tilt- ball; tl.eie were three or iftiur there ; l' Mid it 4ny w.-uld lake a walk and come buck piyil tlte.v could take part in the dsn;e; the> 'book hand- with me; Teeple told Cun ningham 1 was all right; they said they Could behave as gentlemen, and would do. so-, told them wuen they came back I would introduce them to the Indies and make them welcome. They started up street, and i did nut see them for an hour nfUrwatjls • ( then spoke V il|e boyna»'d fcW them I had U'ked with Jtirkw aod th,, ,l roul J treat Teeple and Cuottlnißlß rl^t; Cun ningham and i wed* do#h to tW« rsaidence ef the lady he had iMt|ired for ; she waa uo: eg lioaie; her father luld ya where ah» wna; went to a neighbors ; Irti (awlifct- anfi I auppwie ha asked her to coma to tiw party; she refused; We fame back tn Olivtn-St, and "both mad*- ourselves useful." Left Teeple at tin laitel wlii4a gone dui with Qeaning ham; got liM a partner for a dimes ; Miss Pjle was his partuer; I inlmduccd him. I think thei* we*e citly fi«r cotillions dancetf during the parry- 1 played the fiddle for twa setta-nnd Ouuningham called them off Tceplj wuq in the sitting room ; I told him. his ;omrndel)ad danced, and 1 would get him a partner fur the next cotillion; said be could not dance a shottish. While wewere dancing the schoUish Calvin M'etjor came in add told me they were fighting ic thct sitting room; I left mj partner and «eut in; the first man I saw wa* Cunningham standing about the middle of the silting room: as 1 approached him 1 saw Federick Bowder lying on tho ftaor to tny left; I hol lowed to Cunninpham In know what this mpnpi 112 fred said, Cunningham hit aa without « cause;" 1 told Fred to shut up. I wanted ppacp at pnee ; 1 put my hatul on, Cunningham's shop der and t-aid, "yutt know what I led you I" he said "lie did,but it tras top lute powj"' I tuid him to onme along with me;' but n crowd g. t between us; w.is crowded toward the hall door ; my at tention was then drawn lo • screaming on the stairway, by the girls. I saw tlicni fighting a few seconds hefiue this, but could not stopfthe inui-s and I thought they might go nhend; saw three or fuur lutlteson the stairs don't know who they were ns it wna ditik; my attention w.ts then called to the north ro. m; ns I passed through the en wd in the sitting room lowsiii th.- north room I saw John Oliver hit s- tin one and suw Teeple fall; I heard the lurk, 1 had nut more thaq not into the nprtli room till I beard some pne ery out ' Ob;" it was in the aittiug p oin; i i-pent some time with Fred. Ire did pit appear tp know what lie was doing; said he thought he Wits knocked all tu pie ces; It-If him in care of some one and weut back tu t|ta anting nsuii. s.iw some one ly ing a little In the let of ihe Imll dour u< y- u go into ihe hall: stooped down and raw hhod luuipg If 1)1 Iteur; the side nf his head appeared to be siaaslnd; Ooiild not lell who it waaj picked him up and st t him against tin- trail, then th uglit it resembled Teeple mid hollowed, "Teeple, Is it you I't He ditl not reply; In- moved, 1 calle-l fur wnter; loo.ed arnund lo me if any one wi.s Coming with wnter; in the meantime, he fell again; picked liini up ngam and Sidney Ol iver came and gave him n drink; 1 asked him if ho wanted wnter, mid he tn ded his lic.nlj think he look n swallow or tw», turn ed n i>„d lind }HW a man tu ihe right of thn hall entry door; fie wnsattiii-g witu his head k'mting inrwatd and bia leg* s'ret. bed out: 1 raised hi- head and look- d ut hint; suitl 1 dui not think be wa* much hurt. Thcdoo • r to- k t'uiiniiiphuin by the hand and said "tin- 10311 is badly huit;" 1 snid ' 1 would hiji fivp'or jis bundtsd dfltirs ihere was a man in tho room a gtuai deal worse hurt;" I thought thin man was only fanned , 1 went into thn 1 o'til room to see Fred, he wns nut pacified yet; (jc teamed togo hack and tee the man thu'.struck liiin. lie did not nmienr to understand what 1 said 10 liiin: 1 wanted him tu go out and wash the bloat off him; think 1 went to make arrangements .to take the ladies b>me; liolped James Qih s I) to bitch ilpn bttgey; helped send ihe lu iliet hoine; rime buck and enquired of sev eral if t|iey knew wl>u had done this knif 'PI!; I h|pl heard in some way tliey had been pialibed. 1 did npt 3,:>• km-w tlint Teeple wns sipilihia saw cuts in C'unnii-ghani tin 11 ihe doctor wag exnm'ning him. I think 1 asked Adlington if be knew who bad don the knifing, lie said be had not the slightest idea ; 1 nsked several others ; their replies were all jtb"iit tjie same ; 1 do not know nf nny one hat ing a knife on that evening. It waa out qn the side walk in front of the (louse that Arlington tpld nip he had no idea who did lite cutting; t is was a good whilq .\fter the fight,but 1 could not say how loetg; I was put 10 get a pitcher of water; I don't mind wlint was going nn in the bouae just luevimis to my going out, 1 dime into thn barroom n while before mornipg; was sitting before tlie fire; I was on thq lounge; Maipball wa< 011 the bur ; I enid ' this waa rough work;" he, defendant said ' if he was n single man 110 wouldn't cnre.'r He told pome atory of the Ledger, und went to sleep; I remember pf his speaking of sumo suppose lie was addressing ■ne, but 1 fell neleep on the settee. I was lying with my eyes closed, and don't know which tf-ay he was facing ; could not tell what led to his telling this story. He wns in the barroom Jtrhei 1 came in; slept prob ably an hour. Think 1 was next called up togo before the jury. After my examina tion, 1 went with Kirker to Wurteuiberg.— Think Adlington offered to get a liorse and gofvith Kirkct and make itknowL. 1 don't know why he did not go. I went in Mr. Kirker's sleij-fi I saw thut be wanted some pne to gu with hfrc, and so 1 volunteered ; be raid he would bring me back next day ; Ihis is ihe only irason 1 had: I don't know 1110 lesson why defendant did noi go. Ad> lingt> it d'd not why be wished lo go with Kitjter'; don't remember of seeing the delemlant but twice that evening—onco in in the bar 1 (join and once at the pump ; be - fore the figfit cbiAiiien- ed) I- saw him dan cing some time abou' the beginiog of tlia dance; I think defendant, danced helote Cun ningham; I might have seen bim half a doxen inner afterward-, but dun't remem ber where; Uriah NJ'C^tren,George Pringle, myself were « n tho floor at the time Weller to'd me they weie figniiag; Maggi- Newtun 112 Miss iStoner, and Mi«s .Shntt-r, wrrethe la dtes; 1 was dnueing with Miss Xfw'ten; I believe KiTker was plating thcte wcreoth-> er |>»r una in ibe rom standing round; dun t believe 1 could < UII 0 tlu-m. Did not see Welter befcrc be inotu-ncd for fie Uf Come; 1 stared imini-d.ately ; there were some standing arot nd the door; 1 eonldsee in befert 1 passed ihrougb; t walked right in; eould not name those standing at Ibe donr; believe they were principally ladies: I went neaaly »<> ttie middle nf thu room; first per-on 1 say VMH Cunningham, there was some one bailing Fred up ; Cunningham linked pule, lightened, making no effort to strike any at tne time I spoke to him ami he said 'it was too hrtc," beseem ed sorry, bat bla voice wns strong enough tn h" heard 1 p'aeed asy 4>«nd on bia left HboaM*rVenu'i nny pnsitaun his band* were in ; 1 -p(J(e ct'tpiy i» hiia. P ill think oe rep,.ijl to uiy wban he told |gn) l.e tuid struck him without cause. When I told Cunningbnm to come along with me, he turned around and the crowd got be tween ca. He waa at my left side, I waa between him and \biwder j dun't believe I could tell who were in the 100m, there was a big ctuwd oaer toward the fire- I did nut hear bim say anything el«e after tbat; wbe^
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