VOLUME 4. 1! RI A L " O UT JOHN B. ADLINGTON, M FOR THE HUnUER Of Sidney B. Cunningham COMMONWEALTH V Indicted vs. > for J. B. ADUNOTOtr, ) Homicide. MONDAY, March 18, 1807 QigSJON. The prisoner was brought into Court fry the Sheriff. The jury were called pver and answered to their names. Juries M, Marshall, recalled. —At tbe time Teepla and Cunuingliatu haj gone out walking, 112 went to Oliver und asked Jiiyi where these tyro men were, 'r whethef they had got back ; defendant said, 'let it'iem conic." I dou't know that any thing elso was said ; I walked away then ; Oliver and d/jlepdant were standing to gether; heard nothing else i$ repiy. Cross exhUiined. —This was alter [ hud seen Cunningham and Henry Bowder .talking about their coming back and be> bavin.' themselves, and that they could ,* n i"y party- I ' iat ' a ta " c w ' l ' l r - McJ unkip aboijt this part oi thy fpati niony that t had omitted wheu examined in-chief. Miss Joanna Pyle, sworn. —I was at the dahce; came to Oliver's between 8 and 9 o'clock in the evening ; Henry Bowder took me there and took me home; saw Mr. Cunningham Teeple thjfcre ; they came to our house about :ii, o'clock in the rfternoon ; tlicy had their horses put up* yent away ftnd were g >ne an or more ; came back, anH Mr. (Running ham said ho had been insulteil; said Jno. Oliver had insulted him ; there were i'luenol'igists tt our house, who ex imined their heads; had a timo for a spell; said he had cut up a little ut Oli ver'*, and Cjliver was going to put him out ; next saw him and Temple si it be fore .the tyre in the sitting room; tbtfe were others in fhe room ' 112 "asse'l thro' into the dancing room ; saw him eome up stairs to get me to dance with him. My fatiier keeps a hotel intro duced nie to at home; I danced with him; next saw I. ,11 calling off a dance .; I dance when he qalle l the agure; believe Mr. J was -'ii the jlljor ; Mr. 3' l danee 1 w.ili me*; saw j defendant dance tsvic with his j '-/ rife, aud on«f with Maggie Newton,; he 1 danced the fi.st daricej "next saw liim | "dance afte r I d^j.i ( sed with Mr Cit tnng- ( ham. 1 passed up stairs through the sit- | ting room i saw TeeJ.'le in front of the! ffro a- i passed through/ Cuniiinghaui J was just bchin Ime ; aske'J i:;o intro duce hiji to anotl'.er lady, ami I told # ,,in ; come up stairs and I would do so. 1 went up stairs and stayed there until the 1 tight was over; did not fol j low tiie; did not SO V him ngaint until be j was laid out in the sitting room. There 1 persons standing in the .silting room, DA I passed through, b" 1 ' could not j u'anie UteV. ; I.aiayetta tne'whcu t \vcnt upstairs. Henry Bow der played the when Kirker was dancing; Cunningham stood ligvirst the calliug calliug out tbe figures , there were eight cauple qc tbe floor dancing a c. til lion ; dou't tuind seeing the del'eudant or Mrs. Adlingtou standing in the room I left togo up stairs; 1 sat 011 the bed, up staiis, when 1 hear i a noise ; ran about half- way down ,-tair.-, thought they were fighting . Started back again and went into the room ; I got quite siek fainted ; when 1 came to myself I went down stairs and saw lying across the hail*; that frightened mc and 1 wcntbaik , .)Ji r :i Olive)* c»mc up, all covered with blood. I aui nervous, and the noise cf the fighting alarmed ma, I heard the souud' of blows, but did not see them ; this was when 1 first came down on the staiis ; think it was but a few minutes after 1 sat upiwi t)ie bed, be fore I beard the noise and confusion be low, and ia mediately ran down stairs; then went Oack laiu.tcd ; Miss Stoner was in the rbom when 1 fainted ; started down stairs first time before Siduey Oli ver went down ; met him r.s 1 was going up. There were oth«-s in the room when I fainted, beside Miss Stoner; dou't know jhow long it was after the fight commenced till I saw Cunningham across the hall; ho was lying kiud of coiled 1 thought, ho was lying perfectly still ; he was lying across by 'the front door; don't .know that any ono could have gone out without stepping over him ; did not hear anything in the sitting room at this time. ,When"l started ilown the secoud time I .heard no DO noise ; it was moonlight an'd 'I could seethe mtti across the ball by the front door ; thought by /He glimjise 'of the man at i(lo time tliii it was VJun ningham ; thiuk his head wus foward tli* -room; think he .wts lying on bi< side.; did net seejii face. The next I saw of the defendaut after tbe dance was up stjxirs ; he came up witliJohn Oliver; 'his wife cauo up also; this was five miu 'utes after I lad seen Cunciugham lyinu 'across the hall; I left like rooui they came up ; )|ford «<|thuig jii'id aboi i | their being hurt. Next place I siw Ail Jington was in tiro duiiug rocm ; he came lintoitfrom hall and turned around and went on; ho d d not ocme in tnore than a step before turning; ,George Pringle was in the room *hcn be stepped iD ; George Pringle said that "them men could have licked the crowd." Adlingten said, "you be damned." The defendant then passed out at the siuoie door he came in »t. George Pringle, my self and others were iu the ruoty, around the fire,-hut I cannot name (belli all; defendant seeuied to be in u hurry when he said that ; did not see him again jibat night. There was nothing suid iu AMERICAN CITIZEN. — —— : —7 1 ■ , ,.— "Let us have Faith that Right makes Might! antj[n that Faith let us, to the end,dare to do our Mv as we understand it"- A. },t*cr.r,N illy hearmjr us to how the men were hurl, or by whom; J. he would whip Oliver so quick he would'nt know it." I thought Cunningham was intoxicated at the time ; did not see him have u flak : did not s'es biui drinkiug ; did not hear him ask for liquor; beard some one spe king about duatiipg a polka when I started 1 up stairs; I had danced twice and was weary; saw Teeple sitting Before the fire as J p»;;sed through the room. 1-afayette Shaffer went down stairs before I did the first time: I met Sidney as I turned back up stairs; had not J I ho iu-s w'icn Lafayette Shaffer started b.uk ; I fail ted, and d n't re member what passed till John Oiiver cjiiio up ; had lee jvei.edjjhen they calm up, vaii slijl lying ot: the bed. Ikf immediately after they cam; up; John Oliver, Mr. and Mrs. Adlington were theie when I 'eft; thiik it was before I tainted lliut L saw Cunningham lyiug across ihe hv'r- 1 went home at 2 o'clock in the morning. Mis Xdling'.on was very much excited when the fight was gf.irg ou. TJ:3 noise wtu) Itfce men fight iifg.' Diieit. Mrs Adlington was very much in V I Man '.'d her I'w fright en it _ n lii .• w... ill lie iho questio'u they proposed Ic ask the w : tuess. meriting. 'i'lie Com t instructed them to do so. Mr. Mitchell, for the Common wraith, offered to prove by Mrs. Oliver, that the bleeding stick was in a certain place on the uiglit ol t'ic diffiulty, and how she knew it was there ; this, not to contradict their o'jn witness but explanatory, and a- part of the entire transaction. Mr. Thompson objected ; no witness has sworn as to where the stick was kept —and it would contradict theit owu wit ness, .James Marshall. Xhe .Court overruled the objections and received the testimony. Witness resumed. Knew the stick al luded to. I brought it to Court with me ; ; Win. Pringle has it now ; I had it on the evenini; of the fight a«id laid it in Ihc pantry, on the bureau, behind (he arm that held the glass it there about ,8 o'clock P. M., while Cunningham and Toeple were eating their oysters ; I lai 1 it away and no one saw me hide it; it could not'be seen readily, unless some one took < a light and went to look for it; saw it next morning, after breakfast, lpinj: just where I had put it; did ,uy husband use this stick fir bleeding horses ~ihi* is the qj#Jy stick of the kind I ever saw about our house. There uo suppe eaten by the party a' our house that n'glit; the cur?in<: knile aud the one I lud gut in tfce cradle, I found on U»e ahelf in the paltry en the morning after the 6gi»t.—. Ongoing out, togo home, J saw this wop, Cunningham, sitting in the right band corner ot (he ball, leaniug forward ; told my si-ter I saw a man iu al> mo't deadj she lid asked u:o "where those men were; I replied as st ,/ud be fore. Mr. Atyberiou ''ad j>as«ed oat with the child} 1 saw no persuU in the hull. Cross examined. —Did niit see Sidney .Oliver in the kitchen when they were hashing u y husband's Lead ; I got the stick for the jiurpoeo of defence; had heard the men swear they would go thro' iheli»u.-«. I went home o« Friday list They sent for rue; Ksquire Jloberts eunie ,fpr hie yesterday and oroyght me iu to i»y J t fouud the stick in the box where i I bad some things ; it had been j kept in the bureau drawer prior to pack ing it in the box. Esquiie Humphrey ' BUTLER BUTLER COUNTY, PA., WEDNESDAY, APRIL 10, 1807. told me it hail been yprkon of, and i hunted it up Esquire Koberts told me my sister had been questioned about the stick and that they would not receive her testimony; ho told uie yesterday I would huvß Ia bring the stick wi h me. Mrs. Miry Wilier, sworn —Calvin Weller is my husband ; I was present at the dance at the house of John Oliver, on tba 24th of December last; cime thero with my husband about 10 P. M I came from James Marshall's; I was there beforo dark and Wont sway ; cime bask at ten ; saw Mr. (JunoiQkhaui in the dancing room ; don't know that I saw Teep.e; Cunningham (J-uC-d with Miss I'ylo; stw liitn up stairs tfhen 113 Was introduced to Miss Pyle; saw him dance witii hftr ; did not 300 him after that till after the fight wa3 o"er; wis up stairs ittingon the bed; Miss Weiiuer, Miss l'yle and' Miss Stoner were i'l the room; Miss Pyle started down—l followed ; met her ou the steps ; she said they were fighting; went down two or three steps; saw Adliueton passing hurriedly through the the hall, with his hand in his breast; I said "Oh ! Johp, dou't shoof." Mrs A-'lipgton yas standing above 1113; she said, ''is that my John ?" I said, '-yes, lie is ghing to shoot." She screamed, and I did not notice where Adliugton went; he was goipg toward the 'rout door; I was abojit three steps below the first platform. I first saw Adlihgtou coming (rom the back door of die hall ; ihiuk it was the right hand lie |.ad iu the position I desenbed; thought lie was going to draw a revolver; he was oppo site me whei> I made the remark—uot ninre than a foot from the dining room door, Walking fast toward the front door j it was the position of his hand that lea me thin!: lie was going to shoot; my attention was turned townd Mrs. Adlitig tun, and I did not see how far he went; I lost sight of him at. that tiincj Mrs Adliugton did uot icply ti me ; he paid no attention to mc; there were not more th iu one or two ladies on the stairs at the time-they'were passing up and down; we looked over tlio binist ri —looked down on top of his head ; saw Mrs. Ad liugton iu the roo n upstairs shortly after I first came to the pj ly ; don't believe I heard any noi e when Mils Pyle got up to go' down. She was on the stairs com ing up when I went do\?n. She met me oil the platform, and was there when I siw Addling'on. There were pel son- iu tit hail, but I could not name tliein, they wete around the pitting 10 m door lookin in; defeud'anl may have been in the crowd but did uot sec him. lie disappeared just while I spoke those words to Mrs Adliugton. I heard .» tiois in the sitting ro ibi, but eould not heir wliat they were Biyiiig; I heard loud fa king, but could not citch any word that I could repeat; I haard no blows; Mies Pyle told me they were fiahting; doij t know whethfer di« feuflaiit went into the tilting room oi uot ; could not 111111 c any one around the • tool ; saw a:i old man iu the entry toward the door; he had a li' ht coat oil. is the reus >u I uot iced liiin ; Lai'ajotte Shaffer was in the room up stairs shortly before Mis* Pyle started eut of the room ; don't know why Lafayette Shaffer left the ri.oui ; Miss I'yle started out very fast ; this is the reason I followed j diio'i Ve member of seeing LaVuyefto in the hall ; did uot see any one kuoelted out of the roo 11 di or; men w re moaning about that part of the hill; ,t went down stairs after the fight was over; saw Cunning ham iu tlie hall, sitting there ; L stayed ou the stairs till the fight was over; the way Was clear and I thought it was over; went down alone; went along the entry; saw a man lying inside of the sitting room door to the left; saw a nian to the right in the hal , sitting with his head leaning forward on hia breast; went to the kitchen through the 'dining room ; saw Mr. Oliver there , thero were persons in the sitting room, and one or two in the hall, but I cannot name them; don't Ifnow which way they wmt; I just glan ccd in on niy way to the kit then ; Mr Pringle came into the front door, and afked •'.« this George V 112. said "no, .Sir. Pldugle, it is not; George is not hurt;" ho then looked into the sitt ng room aud saw Teeple, atd asked the eatno question; L told bin George was not hurt; I may have known those who were in the hall aud rooui, but I was confused, (she re plied that she was acquainted with those named by counsel with the exception ol Mr Kirker). I saw Defendant vliifi he brought his wife to the party ; saw him in the dancing rojm ; next saw him in the entry; could uot say where 1 next saw him ; Oliver was iu the Icitcheti, there were a number thero, they had been wai liihg'hiui, Mr. and Mrs. Adlington. Mr. Pringfe, Miss Newton, and "others were theie; this was the first I noticed of Mrs. Adling'on after she left the stains; beiievo 1 went into the kitchen j ist after Mr. Pringle; don't know how Mrs. Adlington got up stairs or down ; stairs uj> froni dancing room ; the could have passed down that way; if she had passed by me wheu I said John was going 10 shoot, [ should hive noticed her; 1 timed her in the kitchen at the time John Oliver wus there ; it was all contusion in the kitchen ; they were pa«- sng : n and staiiK wiifl 'Oliver, I heard Adlington my to his wife •'eotue along;" that is all I' heard hiinsa'. my husbapd, Hen ry Powder. {Ved Ilowdcr, Maggie New tan, Mis/l'ylc, Miss IVciuier and others in the d#Wing jrooui ; thwk I twurd at that time that they were stabbed, but do ndt kiiaw ' who said so ; I wit 3 to pacify F/ed iinwdet; shes'l looked 11110 Uie sitting room tbe Doctor waj' triierO ; brnuirht in ; :lwnk sottie itno udd 1110 to get ifiimo water lor Miss Cam phi- II Who had fainted ; J Jia uot know where she was when she t'ainl ed; my huabaud wus with Fred Bowder Washing hip on the porch; saw no one with a weapon that uigtit; don't know of any ouo having or usine one on that night ; don't think, 1 know of anything I have not told; Mr. Stoner and Child* Vogan were with Miss Uatnpbell ou ibe porch. Court adjourned to maet to-morrow morning at 9 o'eloek. ' Tuksdat, March 19, 1807 Court met pursuant to adjournment. Prisoner LrougKt in by the Sheriff.— •Jury called and answered to their nailies Mr.i Mnry Writer y cross examined —I . wcii't to the party shortly after 10 o'clock; went np stairs ami stayed there till the first danee ; danced jn tha flrsisett; there were two setts on the floor; Adlington and wil'o were in the first Cotillion; I went up stairs till the next dunce ; danced the fiist sett with tnv husband ; Mr. Can , niyghaui daneec either in the second or third cotillion; I went up stairs after each dance; Miss Fy'e, Miss Stoner Miss W'eiincr, Sidney Oliver and Lrigyette Shaffer were in the room - up stairs; the room up stairs overlooked the street; La -1 fjyette Slmfier was the first to leave the room w hen "the fuss comnjeneepd ; Miss Fyle, I think, next left the room and 1 . followed ; don't 1-cmepbe.t when Sidney Oliver left; believe Sidney left before Miss Fyle; I think when I was on the third step of tho stairs the dining ro en doer in the ball would ba jml in front of me ; heard a noise in tho room ; Wascon ru*ed und ('lightened; there were tinny persons arouirl 'he sitting loom d or; J recognised Mr llittcr by his coat; saw no one >ved, pushed or knocked out of the door into tho hall; Mr&. Adlington was clffcctly above me w'lieu she nsked if it'was her Johu (spoke to; did not hear any one erf out "Oh !" while I stood on tlie stairs ; did not hear any c:ie Siy' il there are nnv men among you. come one at a time;" there was no lamp in the hall; there wns good moonlight; the Dre showed lig'it t trough the doors into the liyll; believe the dining loom door was opeii. hut I could not say | osi lively ; l'}» quire Prinifie C imri in wheu I went down into t Jig hall after the fight; Sidney Ol ivcr stood at the foot of the stairs to keep the ladies back, during the fight; Jacob Miis-leimin was one who stood with Oli ver at the foe tof the stain in the hall; I ascertained thin since the fiuhc ; can not say who informed in-;; might have heard t ilk ihiit there was a probability of more arrests; might have heard that if Adlington was acquitted it Would g ■ hard with the rest—that they would hi ar cared ; may have hear! it but could not say who Buhl so, tlioio has bet'li a 2ood ileal of talk »iiiec I came to t.iwn ; tho main street of Fortersville ruus North and Soulh. Direct —l did not hear ihijt the Con statih; had returned the names of some others tngagud iu tho since I c ane to Imvii. Dunyii.ldie MnrshuU, suoru. —l was ni the party ; was standing in the sitting room door when the fit lit com i cneed ; Fred Bowder cauie up and said something about "New Castle;" I made some fool remark to Bowder ; Cunningliutu jumped up uud said, "what do yiiu want with New' Castle;" Bowder said, "hold on stranger, I was not speaking to you;' j Cunningham said, "the hell you duu't," | and kuockcd him down; Johu It Joues run in and mid, ' hold on, Sidney, tliatV Fred Bowder;" then tho crowd rushed in, and some ono helped Bowder up; some ono then hit and knocked him back iijto the corner where I wis; ! then Bowder went toward the door and Calvin Wei er and I shoved him back iuto th" dancing room, and I held liiui till tho fight wus over : saw John Qliver in the kitchen washing; ho said,'Jlow der, see what I have been doing for you?" Bowder was struggling to got back, when Oliver said, "Be quiet, see what I have been doing 'or you ?" He showed him the cut on his hoid ; when I was leav ing the sitting room 1 saw Oliver strik ing at a man l took to be Teeple; they were near the south West corner of the room; Oliver hill advanced six or eight 'ect when he struck at Teeple ; I did not know that he hit him ; wheu Jones .-poke to Cuuningli. m and told liiui it was Fred B iwdjr lio was hitting ho turned and left, iml I did not sec him afterwards ; ho backed away, and I did not see who were around fiiin; thero wero a good niiny iu tho room ; I suppose he stepped back because Jones told hiui who he was striking ; Jones, liowder, John O'iver und.-Sidney Oliver were in the room ; Sidney had a lamp in his h inj ; some one lilt lie lamp ; believe this was the time Cunningham was backing toward the doir ot tin hall ; did- not see D leiidant tilt af'er the fijht; saw bin in the kitchen when Oliver was Washing; couldn't name tho.-c in the crowd lush ing in at the door; heard soni« one sav ' if there are any men am-'ng \ou, c iiie one at a time;"' this was alter Ciynitl£- ham backed toward tho do r ; last,saw him abont the middle of tjiejjoor; Cun ningham, at this time, did not loot though he wanted to fight; lie looked angry, but did not show fight; conhfnct name tho-c around him; Jjiicc wis be tween mo and him; i was at the door whes backed back ; I was pushing Bowder out'tdieti he hit Knkei; did not hear Cunningham Tccly to June.-; Bowder was a little inroxicated ; he was laughing when he mentioned New Cas tle ; ['don't know the bulanue of the sen tence ; thud previously nude* *pty ,p fool rcuiaik that called forth the reply'from IJowlcr a l out New Custle; haiu and Teeple were sitting before the fiie, abd Cunningham iumpe'4 1 lip ifoil the fuss commenced ; din tftit'/ca U.e de fendant during the fight} on the pave ment 1 hoard Adlingtou say ho wautod j ilie Doeioi togo up Tint] see Oliver, but lio thought be was not hauly hurt ; Ail- I liugtou said he knew he win tor tie hud bit him with a clinir in mistake} he h id teen Jiome to see his ohiltireu ami bad justraitiroed whan this conversation oc curiai j the Doctor liud been there; Saw go weapon of any kind that night: do ijotjcnowof any-body having oae/llid nut know of Defenduat having a knife other than a pocket knifo ; I heard him ttj ha Jiad a knife in tho aripy; Cross examined —l went to tho party about 9 p m ; live in Liwrenco county about ..two mi'es from Fortcrsville ; my wile' was not with uie in the parly ; think 1 asked hiu, " i J o\7 are you Teansssee?" wheu he replied, ""Ne* Castle t" IJ« not k"OW that lie.bad rclercncfe to Lawrerioa cout.ty when iie in de this remark ; was three or lour steps from Bowder when (Junoiugbam strtjek liiaii j don't know how w'leu Cunningham struck hiili ; I Stood at the loft side of the doer between the si it: nlt room and the dancing room ; thiuk Johu Oliver and the crowd 1 came iuto the room together ; this was before Isaw the lump parsed out j after the iglit passed out I saw 01 ver strike over-hand id at Souie one , we had as mtjo'i us wo could do (o keep Fred i>j>vee iio« lie lield his land's; he was fac i;g the r at, with his ba k to tho fire; tli.uk he -too lon the he rth ; Cunningham was iibout the.middle ttf the roQin wheu he made the lemark "if there was any men," &c; ho was bai-kin; buck toward ibe djor. 1 did not see Teeple after lie got up. Id $ not see hiui do anything, lie got up and turned his back to 'tha fire. I did not see the defendant go iuto the romn ; I was looking directly at Cun ningham when he made the remark allu ded to; don't know that I saw h s lips move. I did not see John Oliver come into the mom.' Did not see Oliver fight Teeple. Saw Cunningham stiko Bow dir and kick him. It cracked loud enough to indicate that he hit him when he kicked. That is the last 1 Saw prior to leaving the ' room. Duuwiddie Mar shall, Fred. Bowder., Teople and Cun ningham were all that were! in the r. oiii when the light commenced. Did not see Mrs. Adliiigten a|a|l. V/as not acquaint ed y.itli mri Did hot no'icj who were iu the North room when I pas ed out through the kjichen t> the porch. SuVv Mit-s Campbell with some knives, going toward the dre-ser. J-'iiey rattled like knives. Mrs. 01.ver was in the kitchen going toward tho dunning room door. ' I d d not follow Mi 3 _Ca;ii|bell when I lieaid the.kni-es rattle. 1 hcird no one gpcik. law no one on tl.o poich. 1 wis there about a minute, then parsed into the h ill ; there were persons stand ing round the front door and the sitting rom door wheu I wont in ; theto were si'iue fix or seven ofiheni ; I tinned and went uji siaiis; they were lighting yet. I as 1 beard a sc.idling, uoi.-o and racket in i the room. Idi I i.ot ree >gnizc any ono in the hall. 1 went up tithe bed room. Miss Stoner and l'v!e were on the led, Mis> Stoner was gitiiiig■ and M«s Fyle lying on tho bud. MUs Stouer is my cotfein. Miss Fyle had fainlod; i-jie had not recovered when I went up. is Stoner told me she hud fainted ; she did not tell mc why si e had fiintid. I turn ed mid ueut down . i-aw liowder on theflo To112 phyomo one -aid it was Bowdfti; I locked iniv the room, he was on tho left of the doir. Cuaougham was Win* in the corner ol the "hull .There «a;e pjer.-ous in the hall" | urging in and out. I'u'i "Shoffar in t' er< om. When Ifist I * ked ui I thought it wus 15..W ler ; nfteiwurd | asccttuilied it was Teeplo ; Shaffer was | stooping over him, putting something | under his head; there were other poisons iu tho room, but I don't remember who they wcfc. diJ vpr know theso men were ifiij time; Tthought thoy had txe i kno ked down ifi the fight and I wiuj;<}'soon'get over it; I heaul nothing paid u3 to how thiy get hurt. The Doe tor hid ni.Caii'phsll was therte I and ' fainted whi.b I j/a» Dj j not jtuow wb»t caused bsr to faint Sir i Vofcan mi 3 myself went out 'to the p rch with h«r ; ihink tliore wore some I i;ra along; when t-bi! oama to, eou.o I women took her into the hou-e aud 1 I went back tithe hc.ll. There jverc sey eral persona there, but cou'd n.t name ' tfcern. I w«s there when Cunningham > was earried into the I did not i helpcarry him. Sow the DofStor utobp ■ ing orer Cunnioghim. Did not see the wounds. Don't tnind of feeing the dtfeudant in tfio room. - Hear 1 nothing ' said as to how it Imj pened. I wolth'Uic about tw6 o'elrck Saw'no knife or other weapon; don't know of anj one haying a weapon. Vrfiti txaminnl —Cunqitjgh:;ra and Teepla did not loo'; n-like. I did not know Cunninghamand Tteple apart when 'lie c mvetsatiou occurred between Cun | uingham an 1 lio.vder, but they were poiuted out to me at'ierwatd, aa 1 I iden t;So'd Cunningham as the one who said, 1 ' if there are ah/ men among you, Come one at a timo." I thought they were knives by the rattle, n jiict, >Jiss Camp bell had ; they might have Loan knives anfl fork?. Do not remember of i-cefng lalics on the staus as I wa» going up. ! Did nnt see any. when 1 was cauie down ' ( think it they had been there 1 should have seeu them. Mi.-S Stcner and Miss Fyle wero the only women Isaw in the room upstairs I did not heir any pfr son cry out during the fight, "Oh ! . ir '• Uli itij 1" Idi I not sea Mps. Welter on the'stairs dtlii|,g the G:h't. It wa'< ' uuningham that cried out ''if there are at y men among y nj," &o lie had his fi-ts in tii(. position, [here wici ot;:-' ex ! h.bittd the |><»ition ] lam positive it was uu ; it the tno wliti 'knocked Biwder down, who sat in tl.o hall; lami ol tuistakeu. 1 was a little rOaied. Miss Shaffer wis uiy partner that evening. Duett—Mr. Cunningham niau. Can't know how lib was dressed; ho wa< newly shaved; ha I chin whiskor?, daik hair; had daik clothe?. Don't think he had a moustache ; cuuld'nt tell hw heigh: iiiij- weight; had black whis keri. T«cp'e wn< not so large a man ; not so tali; don't k low thai he had wuiskorsj In? hair wai rot so dark as Cunningham's; duiing the Ojjl't 112 did not fcin-w which was wkic^i. Jenuir AJhtrl, sworn. —'l was at the ho TO of John Oliver at the time of this d fSccnlty. Si mc QUO taid they wore fighting, aud left the kitchen uud run d iWn to the wa.-h homo. The men cati.e out of the dancing room. The wa-di hou-e is below the | orch. I went down t ho steps ntiir tlas mddle oft e potih I stuid iii the wash home tifl alter the tight was over- Id d tiot |uar Adling tin -ay anything, nor Mis. Adlingtou When I wai coming upon to tin | orch out of thp wash hou.-i»; I saw Adlingtuii on tne p'atl'ortii in the midd'o of tlio poich ; did not see which way iie caind lie went into the kitchen. Thero are two steps off the porch toward the stable. I was o uiing up on the Mefis from the wash house. I heard him coming up. from tjis bain yard, passfng along the porch to the kitchen. He went int • the kitelien before me. 1 did not hear Mrs 1 Adling'on ?ay mything. There was fire io the wash house. Saw' defendant be j /ore this in the dancing ruoin. Last i saw liiut on the porch. Thero was no : one in (he kitchen when I lo!t. lid I not see th . wi unded men till the ncJSt morning. I went up stairs Jind stayed in tlio roc pi jfitli John Oliver till day light. Mr. and Mrs. Adlingtou were there. Defendunt said, 'he d d not care how goon those uicn died ; they got what they deserved. 1 ' Don't know w!?o ho was talLisg to; toow to referred to Teeple and Cunningham. This is all I know about the mitter. I helped get the supper. X louud it as I left it. I'id not Fee tlio carving knives that night nor flic next morning. Cruxs Es ono With-mo.— There wero other persons on the porch bjs:do iidlißirton ; three or four ; could not tell who they were; thero were in ia-dics on the poreti; Aulingti n passed on into tlio k Ulieu; I went in. hut he I was not ir. ; I turned round ail I wer.t tip I staij?. isaw the aotter vp stairs; Oliver had his head tiod up ..ml wi? in bed when T went up; Mrs. Adlingt»n, Mrs. Oliver. Miss Newton.an 112 Mr". Adling'on. were there. I.did not know the ,ftien wero badly hurt till I went up stairs Teeple said at the supper fal.le, "damn it, him or the landlord would uo filled itftluie morning." 11c shook his fist.— His comrade ttied to ppeily hinj. I told John Oliver tiiis. I waited on the table; he said,''damn it, either mc or tho landlord will bo k lied before moin ing." It alarmed mo; 1 told Miy. Oli ver the :;ext morning. Cunningham was the largest [ oft immediately at' r> r lie in ide this threat, Iwo i'jj ;ior wa't on the table longer. It was thi? I threat connected with the knowledge of j rtie figi.t' that iuuueod mo to leave for I the wash-house. Court adjourned till 2 p. w- AFRM..OON S£SSIOI.*. i Tiie p.isoncr was brought into court, ! and the ;ury eaiied end answered to their names. - i A. 11, Ailceti, tworn. —Was not pres> uerit at iht'difficuity. About thetin;e 1 j. ..a | going oil the In<)iie-t I had a conveH'a {•lion wij.li the defi-.adaot. I u 'ked him | who had doua this ? .S»id, 'he did not j know." I a-ked him where all the j |de"Sfr'j that came to the ha!! ? lie taiil I he suppose j id gonenway I told j fbould hav« stayed till il.iai 1 mat er vkß NUMBER IT wis not truing aw ay; he s'lioQld stan'4 j Ins ground. lam not certain whether , lie was in the room where (bo men wora lying, or on tlio pavement. I saw him have a knife iu my store ID September lost. 1I»( was iu a pjssion I navar thought at his carrying it. Don't know whether it Was double eJged; thousht it as loDg as the eotnoon butohor irnife ; it was a littls rusty ; bo pit it down in his boot, and went out ' • ' -it Cross examined I lire in Ported* ville, have lived there ten years in the fall. Adlington lived Ihare some throo or four years ; ho was in the army, throo months and nina months porvicp. Did not hear, him say anything else. ' ' Afits Ami in Uouihn, norn. —[ rscoK lect the flight. the dlljjcu ty ocourrad.— T wes not thorn at tlio tijuo. I gcrt up •»hen they came for fat'iar ; sat at tho window, saw Adlington coma out and go homo a J thought. &<> so6n cams back and told fotbo hne oir' tlio pavement iu front of Oliver's, ''it was good f"r them, the deserved all they got/' I toow it was Adlington who s-iid this. Cio.is-rrtipfiiirr/ —I kpnw Henry I Riwder ; do in 112 know it wns' htm de ( fejidai t \7;is ta jf ng to; don't k iow it I *ai< Esqiiire Friiigh-; saw Arlington come out of tho hall door. Alter fa(hj t ' went over, I riisod the yiudow'and look ed out. Afi'in, ftarJicl Shaffer tworn. —Was at ! tho Oliver house % 5n tha i;.igjit of tha J diflii n ty; wis in the north nam when | it Commented ; U'ellOr fold Henry How j der to coluo or tlfcy would kill Fraa ;]5 >•.< ler ran to tho "ittln? rWu; other pcr.-ons folNiwcd. Henry Uowdcr pass- • 1 1 ed in ; Miss Newrcvn ami I caught hoJTd i | of' Wilier and told him nftt tog() in; •♦o I was nincfi excited ; °aid his friends wero ! leing imposed upon and he coujjl not j stand by and see it dnno ; while Wo wero j detaining Wplfcf, a man pni-jod us with I a pokir in Ins hand ; I .'isked Mr. flind nian If my brother was in tho room whefj: j'tlipy were fighting. He said not.' Well rr btvkc fr in us for the sit'injJ i*om j then smw souii! one bring Fred Bowder j out info the iiovtli room: his face was j covored with blond, and ho wiffc yery ■ much excited, lie trie Ito braik away I ftbm tl-o that were'lidding him, | and£fj b: ok. I thin!; ft wis Calvin , i Wcller that blounht him Ant. Miss I Niwfon, my or ll' and a gentleman, tried jto j ursu ido him not togo back; ha said !he would not fight any iiioit. Wo then ! left him and went hack to tha'sitting- J room door ; tho gentltman s«« by the looks i.f them.— i lifs «as.i! Sr Iho doitor had loft tlio room. Adliugtt n ciid l.c w uld gihomo , and fee it tlio idnldron werj salb and sleeping, yl. Adl ngton tuld him not to go, Ins w is uieded tl ere ; ho said he wo ild not bo.g.iuu long, utjd he thought j lie had bttior g»; lie pa sed out of the jmi ixi and I'll id not sen hiyi agaia. Mr. Oliver was cut on tho liglit eya and baik of the hcaii. Mr. Adlington examined both ; don't know that I heard A iling, ton say who done it, or how it was done. I I doii't think there was anything said übout'other persons being hart. Adling ton was la .king excitedly about Oliver's wound", when Oliver told hint to b<» (juiet and he would do the fa kiug. This ,vas i,ho fist li.:n I saw daluirdant after the fight, I should not have knoVm Mr. Adlington lUeu it I had not hoard. Mrs. n la king to hi in. I had no pro viol's aoquaiJtaueo wttlt him; caw him dancing befcru tha dilEcixlty. • J may have Fiien him bciina, but did nut fceog :ii/e him. I saw Mr. Cuuuwgijauidanie; ' I dou't know wlieilier T should have rec ognized Mr. Cunningham iu tbeiigl t ; I I dou't know that I saw Teeplo and Cun j nißgham in tho sitting room before tha I light. Kitki'r i-id been bit in tha oya when I saw him cumo out of the kiteh !ea and go toward the sifting rooiii. I saw no weapons used, ami dtd aot kaor/ that any one had any. Cr-Ms raimhtcd —l thiui Adlingtotj himujed*}liver'a with Uoth hands ~I thought, roughly, an J hira. Ho | '..iced hi* li.'i-hand nil his or'jv'uhil •he ligi.t back at .he baadijo üb9 felt a, r~%hfy; b*