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; <iou't know that Pringle
was adcressiug any one ; dou't know thai
he wag addressing the defendant, nor
hhit the defendant intended to reply to
him ; don't knor that there were any
other gentlemen connected with the
danpe in the room at the time of this
Conversation ; defendant waa just Iqpg
enough in the ruom to turq around and
go out ; sr? him next day iq John Oli
ver's room ; did not hoar him say any
thing. I heard these men had been
badly hurf while I was in the dinina
room ; had not heard they were cut; did
uut know at. that time that the Doi't Jt'
bad arrived. I went 11, soon after, to
the dancing room, when I saw the Doctor
with (JtptyiacWni, through the door of
the north ruom ; saw Cunningham's nand
and the Doctor leauinir over hiui, through
the door; never saw the men afterwards;
saw no one Jiave a knife that night; have
no knowledge in any way as to how those
meu received their hurts.
Crow examined.— Henry "Bowder was
at our house when Cunningham and Tee
pie came; Cunningham said he would hit
Oliver so quick lie would Dot know it;
said he had never been whipped, and
woujJ'nt bp by jp Portcrsvillc—
he wofiid die first; he said, "by O >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 i<l lup stairs,
she \iw wrii guig her jjuuds, atjd sai.J we
would all be killed ; this was when I first
went back up stairs ; I was excited be.ore
Jhi.-. und this alaimod me mote; could not
tell v» liieb way Mis. Add; gtou came up
to the hail; she was tli owing up h°'
ii.ilids ami iva kiiig biukiard and forward
through' the hail; utfl coLfjlent she was
nt in the uiu-i before I left it; the first
1 saw oilier, she wis Walking through
the h ill. After t unuingham was at our
ji u-e a i-;;.o while, he became very
pleasant ; had In lic.iij examiued, &c.
J,Melissa Oliver, recalled —L know
about the b;evdi"i» sti**f
Mr. McCarthy,^for defendant, objected
thai the Comin niHealth could uot offer
evidence to contradict the;;: own witness ;
and, if received and found to do so, be
should i he Court to rule it out.
Mr Mi JiKtkiti, for the Commonwealth,
said it was not tor the pill pose uf coii.tui
dieting their witness, but tor explaining
Mat stetueJ to be the true theories ot
this ease.
Mr. Thorn;s in, on part of the defend
ant,' a kid that the prosecution should
put >ho 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 ,u<it see any one
have it that night ; tiis if the stick I al
luded to; have seen u>y 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>v<lor in the
dancing room; h-' was moving around
all over the room, striving to get back
into the fight; did not see Oliver till we
found him in the kitchen, when wo took
Bowder into wash him; did not sue 01*
iver knocked down, or get up ; can't tell
whether Oliver and lleury Bowdercame
into the room toge'hef or not; they-write
both in the j'ooii)
J. M Stoner, morn —l was at the
Oliver llou-e on the night of • his c tficul
ty. I wus standing at tho door between
ihe sitting rom aild tho dancing room
when the fight comnjem ed. Mr. Mar
shall and Bowder were talking when I
saw Cunningham jump up and say, "what
are you saying about NeT? Castle?"
'liowder said he had said no harm
New Cast e. If 1 bad what are you going
to do a'mut it?" Cunningham said,' if
you hive. Iwautyiu toshowyour hind."
l!o* - d r said he wag aiy nothing »bout
theJS'i w C.is'le boji), u'nd had nothing
.igaitist them ; ha made a mot on w.th
his hand and Cunningham km-okeJ him
down. The crowd then fu-hed in, nil I
I stepped info the,dancing r<)om.
1 could not name any one, there was such
a rash. • I stood there by the door look
ing in. a spell ; looked in when I could ;
I heard Uuuninglniiu say if tjiere was
any uiec among thcui come t<ne uta time
That w.-is the last 1 saw or heard tint 1
the figfct w.isoter. saw the defendant
in the s.tting rodlli. when I was looking
in. 'I h s was after liowder wus hit; he
was right in Iritit of the fire; I did rn.t
see him do anythinir. 1 dfij not >ee 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 n<it yetcoive." J then wens up 1
sfailG to Oliver's ■•ooi s (.' Mrs. Adlifigton ,
ufl l Jfrs.'Oliver wei3 there ; not certain
ita.t wag* there ; 1 hepi J .in- ;
thing'said übout the £gJtt. WenT*<fowh j
t*i thp had ; there //era two i«r uyej j
■vtjfba ftairs. M,i' j >i.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<imine / —ThQ yns«-J»ou?o is
in the garden. The person who said the
Ught wa* over, was on the porch, "r in
the kitchen;T was in the wa-h house just
an hour; thorn wa< n> 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<sy«d with
?red. I some ono ra'g] a poker in
J tho attitude of s riking, but sottie one
came between and I did not si-o tho
stroke, could r.o' seo who' tho blow was
I aimed at, shortly if'ter I saw Mr. Oli
ver standi.ig near'tho centre oftharocm,-
with his faco covered with blood ; ha
was ni.t striking. Tha noi.-a and confu
sion became greater, and J Tetired to tha
kitchen, miw Mr. Kfrlier going toward
"ih» sitting room; I followed him back to
tlio door; saw Mr. Oliver standing by
tho Era place in the north tVom ; Miss
Newton wus with him; asked him if ha
was much hurt j he caid not; he turned
togo icicle to tlio Sitting room ;we tried
to pursuade him not togo, ho mid h«
would, but would m«to. I
don't know that hs went buck; thinlr
the fight was then ab6ut over; think Mr.
.M'Clarran tol'd uio there Were two stran
gers who were fighting; Ascertained
afterwards that it wi s Tcepla and Cun
ningham. Said they wero badly hurt.
Asked me togo and -:ao Tee
plo leaning against tho wall senseless;
saw Cunningham in thij cornor of th«
hall near the door, scmalesd'. Heard
soino naaauy that man .is very much
hurt, thought ha was dying; going
back t'l tho north room wo passod Fred,
liowder iu the sitting room no;ir Tcople;
ha asked where the man was that otruck
him; ho diij not seem to know what ho
was doing; somu o-'o t«ok him awiy. I
don't know where they took him. Went,
up statu, hi'.\j Uhycr thorff bleeding and
Mrs. Adlington washing his lace 1 held
tho lamp lot* t hem ; while Holding it tho
doctor cuuiC in, and said Oliver's wounds
weic Hot Mrkim. Adlington cauio in,
Iu Siid he knew the W' ttnds wero not
jie k>«« 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*