pas not hurting hiqi. 112 f=aw a pokor and a obair raised. I* w somsthing I thought w«r * hammer, because it had u knob oq it, but it might bare hacr, a po ker. I m exafpir.ed before the Coro nor's inquest the next day after the trans wtion j also a week or two afterwards. — The weapoq J saw was about a foot and • half long. \ said before the ioqueet that t something resembling a ham nwr ; I think now it was a poker. I was coqfjused and excited. I had had an in troduction to SX.ra. Adlington during the evening, it), the dance, and lecogniied her when washing Mr. Oliver. Direct. —The only weipon I saw was a poker, drawn up to strike. It was heavy looking. Saw a chair I think the persons were close enough to sit5 it (jpch other. Don't know thaf. jthcy id. Tfyere jyas a large crowd around. I don't know thai it vr00.4 or iron.Jlt did not lock like this. showed 112 stick ] Bj a Juror. —The poker was drawn after I saw the person go into the room with it. Mrs. Helen Wilson, sreot-n.— l was liv« ing at Mr. Adlington's, in Porterav ille, «on the 24th of December last. I have been living in Butler w : th his family since that tima. I recollect the night of the difficulty. I was at Mr. Adlington's that night. I was mindingthe children. Mr. and Mrs. Adliugton were at Oliver's. I saw thcui go into the front room door. This was about 8, P. M. It was aftc? Sark. Adlington lived just across (He street You could see into the front /door if it was open. I could hear the music. Mr. Adliugton eamo over bo. tween nine and ten o'clock tc see about the children; I was up; the children were in bed; he saw the bf.be in my arms, by the fire in the room; the other "obi'.dren were sleeping up stair*, but he did not go up. Mrs. Adlinctou came up about two o'clock ; I did not goto bed till three or four o'clock; I could not goto bed till they came ; I heard the noise over at Oliver's, and weut to tli'e tloor ; I could not ses anything, but heard jthe noise ; I remained at the door till ay whether it was before Oliver was -knocked down, or after. Calvin tYeller went in. I think I may have seen the defendant in the sitting rjora, but I was not aoquainted with him at the time I saw bim in the dancing room I saw .him in the sitting room before tte fight. Saw Bidney Oliver in there He handed the lamp out to me Ho took it from ith* table ; think some one hit him while the 'amp was iu his Laud; think it was Fred Bowder tit Sidney Oliver. Did not «M Cunningham after he hit John Olivw, until I eaw him sitting in the hall after the fight. I saw where Oliver fell After Cunningham hit him; saw a chair raised, but could not tell who had bold of it; ..there was a crowd standing aronnd; the room was middling full; the one who drew the chair was staading close toOU I iver; I thought it was drawn to strike • him. First thing I saw of Oliver, after ***** up, was fighting with,. Teeple on the other aide of the room I turned away when Oliver was knocked ; next saw, wheu I wens back. Oliver and Shaffer fighting Teeple. He said, '<• for God sake, jf there are any met; tfjth you, come one at a time." I tfyliik it"was Teeple used this language J saw John L.Jones in the room; think he plead for peace; think it was tiis voice ; this was in the beginning of the fight. Pringle may havo been near me, but I dou't recollect that he was; saw John Oliver como out of tho room; I wcut into the room when Oliver r-amtj cut; the boys hid most all gone out. Teeple was lying on tfie floor; wo jilckeil him up; tils face was all hitu by the light ot the ilntern. Thought Oliver hai Teeple by tho right arm ; the crowd was betw<;yO hie and thetu ; weut out into '.ue hall and found Cunningham sitting in the turner; stcod liv Teeple j a Jew seconds, while HfUiry Bowdef gave hiaj a sup of water, ktiorj wa whnt to see Cunningham; yer.p up stairs Co see John Oliver; sonie'orio said Sidney had gone for the Doctor; weut dow a and stayed uttil the Doctor coma. Don't rerolleqt that I talked to any ouo until the Doctor came. 1 was preseut when he inadrj ah cxaminatk n ; caw the wounds on Cunningham and Teeple. 1 di J uot notice where the clothes verccut. There rere several, present. I do not know who assisted the Doctor. I taw James have a poker in his hand ; caw it raised, hut did not see him strike; Sidney Oliver had a glass tumbler ii) hid hand; think Kirker'tock it from him; he had it drawn to throw, but did not i throw it. I did not notice any thin/ in j Oliver's hand when he went in; 1 don't j know whether he continued to use it; saw it glisten on his hand Dou't know ;of any weapon being used, pon't know lof any one havieg'a f;nife. iSaw no one | ctrike defendant, or strike at h : m. j William Gibson, sworn. I was pres |ontatthe time the difficulty occurred. | I was on the porch at tho]| back of the house with Mr. Caldwell when the fight commenced; we heard a fuss in the house, and I paid I thought something was wrong. I passed in t't the back entry door to the hail, and from thence to the sitting room ; through it to the dancing room, and onto the kitchen, and met Miss Campbell ; she asked me wlj.:t was the matter; I told her I guessed were fighting. Went to Mrs. Oliver, in | pantry door; told her I guessed they i were fighting; she asked if John ww | there ; I told her J didu't. know ; I heard some one say, " oh, dor.'t, John; don't John;" turned round and saw Mrs. Ad lington holding onto her husband by the | righ«, arm : ho was trying to get "loose from her. I caught him by the left arm and toid him to be quiet. He quieted down, and I let him go ; I did not aee which way he went. I went over to Mrs. Oliver again; spoke a few words, and turned roftnd, and Adlington and his wife were gone • I stayed in the kitchen till after the fight was over—sotoe two or three minutes. Dii not see defend, ant again till two o'clopk in the morning, in the bat-room.™ saw Oliver when he was brought out to the kitchen ; this was three or four min utes after and his wife were in the kitchen; John L Jones and Mag gie Newton came in with Oliver; did not see the defendant then ; didn't see Kir ker there; there had been persons pas sing to and fro in the kitchen; did not hear of any one being sent for the doctor; don't recollect of hearing Kirker's name called; Miss Campbell was in, off and on; heard no one inquiring for knives; Mrs. Oliver went up stairs when John went; dou't recollect of her going into the dancing room; Baw a rush coming out of tho sitting room into the hall when I fir.-it went in ofl' tho porch ; they kind of passed toward tho front door; the sitting room door was clear when I wont through ; as I passed into the dancing room I heard Dnnwiddio Marshall niy, "Go in, John, go in!'' I thought he was speaking to John Oliver; saw a crowd in the north west corner of tlio sitting room, and supposed they were fighting; Marshall was standing by the north room door looking toward the north west oor cer of the sitting room; suppose thsre were half a dozen or more in that corner of the rtom; think there were others standing looking on ; there were a -oxen or ec in the room; I pa=sed right on through; it.was from this that I told Mrs. Oliver "I guessed '.hey were fight ing; there wSre persons in tho daamng room; I noticed Miss Campbell in the door leading from the north room to the kitchen. [t,ie did not notice the'personc named by counsel]. I did not know uf any one having a knife, poker, pistol or weapon of any kind, that night; saw ths defendant have a.knife some time in the fall; ho had it out ia his hand in the barn -yard ; it was rusty; he had como out of Boston's blacksmith shop; come out the back way ; thbfc it was before the election; it was between twelve and one o'clock ; 1 was going to the stable ; there is a door in the back of the shop; did not see him till he oame oat at the gate in rear of the shop; it fronts od Main street; I nevtT noticed any knives in the rack ir. the shop before nor since ; 1 got but a glimpse of the knife ; ho and Oliver stopped, then came down to the stable; heard nothing said between him and Oliver; don't tbink I ciJuld describe the knife; never saw him with a knife at any other time; had no tali" at any time about this matter after the fight. John L.Jones.re railed. —After I came back from Esqniro Humphrey's, the DJC tor was examining Teeple; they were taking oft his coat ; Mr. Adlington, Miss Campbell, myself and Lafavette Shaffer were present; Adlington helped Shaffsr take off Teeple a coat; the Doctor want ed to Isy him with his face oat, bat Ad lington said he could not lay on that aide tt was sore ; don t know how Adlington knew he was sore ; the defendant was present looking on when the Doctor probed the wound; saw no,blood on do* icndr.nt'a clothes. Cross examined. —When we went to lay him in a certain poaition, Adlington said "he oould not lay on that side it was sore;" I got an overcoat and put under Teeple's head, and put a mattress under him. ' AH this was done before the es* animation wa» made. Geo. Soslon, re-cailed. —l never search for the knife that wis lost 'Bapt uel McClymonds, William Moore and A. 11. Aikeni searched fir the knife, bat it pas not found ; 1 was not along; I was in the office when they started to taake the search. Court adjourned to meet at 9. 5. m. to morrow. 1 Wednesday, March 20, 18G7. Prisoner bro-igj-t into cotlit by thr Sheriff. Th 6 fury were called and found to be present. ' A ft Garrol, sworn. —I helped lay out Sidney li. Cunningham, and place hiu) iu this coffin :»t Wurtemburgh. Tie tjaa bdried in the clothes he was laurddr j b'd in. f'i ons examined. —l was not at the j burial. I saw the cuts in his clothes and on liil body. I live about twenty mils* from here. ? came (lorn Canada West; have been in th-j United States rbout two yea A;' I wan acquiantcd with Cunningham Her since I esme to the States. Mr. Teeple askad me to stay at the counsel table after he left. I sup pose he'had been murdered; I saw the ! cuts iji him- I Want that he had the j same clothes on that he was hurt in ; I I saw him at rorie'rsvilje.died, Jn the came elotbos. ' " ' * I Primes Gibson, re called. I can not j say for sure ; it comes tome like a dream. Mr. M'Carthy implored the Court, considering the magnitude of the case, not to permit dreams. TWft«;js resumed. —lt appears to me I saw Adlington throw his arm around some one's neck, and the man said, ''hold on here, you are a little too fast." It was Teeple or Cunningham ; this occur red in the bitting roofti ; I do not know übout what tinje of tfc'o this occur red ; it was about the centre of the room; I don't think there was any fightsng done before this. Cross examined. —l can't say when 1 dtettmed this; Mr. Roberts talked to me about it ; I believe ho told me I had for gotten about throwing his arm around Cunningham, aud tliaf I would be cabled i again. I was in youi- (Thompson's) of fice ; I could not say that I told you that Roberts wanted me to swear tl;at I saw defendant throw his arm around spine one; 1 may have said .something of the kind. Direct. Marshall told me, I believe, that Thompson wAnted to ee'e me. J recollect the fact of defendant's throw ing his hrm around one of the men, as ojear as that I was at Thompson's office. Re cross examined. —lt still appoars 11 mo like a dream, his throwing bis arm | froon I one of the them ; it is nit clear ! that defendant did so. The Commonwealth had a witness subpoeenaed, but absent. " Defendant offered no witnesses, and so the testimony closed on both sides. The Court said they wculd make no restrictions as to the time or number of the counsel who should address the jury. Counsel could arrange among themselves the manner of argument.' ' W. H. IT. Riddle, District Attoi ijey, opened the case. S;\id he'came before the jury without reflection, and the bur den ol the argument would devolve on liis colleague*,- \\ e had trtfled for near ly three weeksln the investigation of this case. Two men had been killed; there had been a social party at tht of some pfty examiued, could fcay who struck the fatal blow. Ifor can you,gentlemen, tell who struck the blow, if it were done undfer the circumstances of self-defence, or protection of proper :y and of individuals,'or iu the heat 'of passion, it could riot be murder; but might be justifiable. chain ol cir cumstances miist be vjnbrokdif and must preclude the possibility that the stabbing could have been done in any other man ner, or by any other person than the one charged. He descanted upon the trouble 'these men occasioned ; their size, their threats, their commencing the fight; all tended to alarm and anger those wh were iij the jiarty, and who kept'the house, lje renjarked on the conduct of the defendant after the fight. lie did not fleo away, but stayed and rendered all the assistance in his power. As he was to be followed by hie Colleaguos, h° would not make a lengthy comment on the evide ice. Mr. M'Candlcss, for the defendant, wishgd the.Court to instruct the jury on the follow ng points: Ist. If the jur> believe from all the facts and evidence in the case, that the ho/nieide was committed by the defend ant (or any one close by) atter.Oli.ver was lying prostrate on the floor near the north room door, having been knocked doftn Ijy Cunningham, who is proved to be a man of great strength, and while Cunningham had a chair drawn to strike Oliver; and the defendant believed, and had reason to believe from all the facts surrounding him, that Cunuingham was about to kill Olivor ; then the defend ant, or any ofie else, iqflicting the blow, it would toe cxccsanTe homicide,' and the defendant trust be acquitted! : £hd, If the jury believe the defecd~ aut committed the homicide at any time during the conflict—in the heat of pas sion—upon thi3 Guddeu quarrel, it is manslaughter. 3rd. If the homicide was committed by the defendant while tlio 'fight was progressing between Oliver and Cunning ham,'or in any othcr'combat (hen going tbu in the room ; if deleudant interfered, from hot blovs alone, occasioned by see* ing a friend attacked by a stranger, it is manslaughter. _4th'. Thai the jury aje the judges both of the law and the facts. The folLtf ing technical points wore sub mitted by Mr. Thompson, counsel lor defendant, and the Court requested to in struct the jury: Ist. That the time and place of the homicide are material averments, and muft be proved as laid in the indictment. 2d. The day on' which the deceased died of the alleged mprtal Wound, rnpst be averred apd proved as averred. 3d. That iftho jury find that the said Sidney B. Cunningham deceived the mortal wound on the 24th day of De cember, A. D . 18G6, but did'not die that day, but that he languishedand, lan guishing, died on the 25th' day of the same month; the defendant cuuuot be Convicted under 'his indictment. 4th. That the phfaso laid iu the in dictmeut '* instantly ditl die," means that there was no perceptible ?r appreciable fmirvention of time, between the time the wound was inflicted and the death it caused—that deith followed the stroke that produced" it instantly—at' the same instant—without the lapse of time. sth. That if the deceased lived an hour, or about oue hour, alter he recc v ed the mortal wound, he did not instant ly die, and the deft-ndaut would be ac quitted. Mr M'Carthy for defendant, adJres— ed the jury at considerable ength, very earnestly and eloquently recapitulat.iug the testimony bearing upon the points before the jury, a strong case for the acqui tal of the defendant. Mr. M Candless, OJ part of Defense, cited the Court tojav on po pts which he had previously made He said, gen tlemen of the jury, the case whioh you are called upon to try is one of the high est known to the law. Ton are fa worn to try the cause from top evidence and the law a* given yoa by the.Court, You are to exclude all outside influences. You are ?f all prejudice; and you re> member we live in a coun'ry where law is supremo—where mob-law is nyt tolera ted. The deefudant has placed hitnself upou his country, and you ate to try* whether he be guilty of tho terrible crime with which he is charged. He spoke of the prejudioe which the mere inorcera- tiou in the county j*il of a man charged with the high eriuu of fcoiuicide tustiU into the uShds of the communiiy against him. He then went onto diseaut upeu the evidence at Icßgth. He spoko ul t|re rudeness and valgari'y of ieeple Bad Cunningham ; of-the manner in wiiich they gntertd the hotel; the threats they made, that they could whip any man in Porteraville or ijutiir county ; their size both six feet tall, aiid weighing 20U pounds. No wonder the landlord, after he bad mildly requested them to be peace able and quiet, when they made a dem onstration tjr throwing off overcoats—re treated before them to'the street. No wonder he put a revolver ibto his pocket and requested others to put stones aud tumblers in theirs' He feared that the secret for which'they bad bteu seeking for the last two weeks, might be found in the'fandlord's or VVeller'-apoaket He traced them (Cunningham and' Teeple.) to Iha Oyster room ; the threats us4rd there that Cunningham said '-he could whlip that landlord, or any Ot&er d—d lord who had insulted him ; he traced hfra tip to Mr. l'yte's Hotel, where he failied' aud made threats; cauie back to the 1 party ; and after having assured the committee that he could and would be* have . 8 a geutlemcu, he gets himself in troduced to a hidy aud dances, lie is treated" as a getotleman—but does just as every ono does wild foists himself unin vited upon a company —ne puts himself foremost In every thing;—plays the vio> lin, but no 0116 dandes-to his music ; goes into the fitting room and takes up sotue iant expression about New Castle as an occasiou to commence a row. Mr. M'Can .less discautcj very logic ally from the evidence at large, but which would ocpupy too much space to recapit ulate. There was not a large man at the p.irty except Teeple aud Cunniugham— wero 110 twj meu there that (Juu niuiiliiu) uot l.a-c knocked their heads tbgcther; there were u>>ne tlier! who vere uot liiglitcued except Oliver, Wa it because Oliver was aimed'that he feijr lessly rin into tjjb room ? When Cun ningham had ft chait high-uver heads ot Ihe crowd, drawn deliberately to murder the mau on thu floor, may it not have been thai Ol.ver, instead of living his haud on the felt shoulder of Dpi)- ninghaui laid it a little lower—uetwejn the tilth aud sixth ribs. Strange as it may seem, Cunningham ceased from that moment to tight, aud disappeared. II the majesty of the Commonwealth is iu vuked against the prisoner, why is it qut against Julia Oliver aud Calvin VVeiler? They have closed .them mill ot the deleiidaut, to loose the koDt afound their own kuec(f». They tiring iu a wii ues« to prove a kyile iu delendam's haud; but who is the wnues ? —Weller, an in terested witness. His owu liberty wis at slake, rfiduey Oliver is also a witness to piove the (civile iu the han'l»ir! defend ant. Sidney o'iver jrug the least one of the pariy and could be better spired from the light, and therefore lie was employed to remove the light. There oiu.d b)e lit tie doubt, he argued, that there wis a combination among John Oliver, Calvin Weil r aud Sidney Oliver, to perpetiate this deed. He f-uid the Commonwealth attempted to tstab Kb the tl.eoiy that the defendant had-a knile, and therefore lie must have cummitted tlie stabbing ; aud for the purpose of establishing this the ory they iutioduced another yv'ineEi to prove he had a knife. Hut the wilucss proved it Was not .1 knife but a bleeding stick about sixteen inches long. To des troy thjp they biing Mrs Oliver with a stick she bad eccrcted ; but this was not more than teo inches long, and did hot taper as the one' jtbich was descri bed by Japies Marshall aft "having been iu the hand of the defendant. The Com monwealth proved that the dtffen Jatit brought 110 knife with him to the party. They failed iu proving by defendant's hired girl that he got a knife when jje went home to see hip children. They at tempted to prove that he got iu the kitcheu, but failed ju that. The Commonwealth must make out her case cleary beyond a doubt; but she acts up various theories aud demolishes every one of them. They must show by the circunistaucus that the crime could not have been committed by any other than tho defendant; bu the circumstaiices show thift John Oliver could have dime it; that Calvin \Veller could have doae it; that Sidney Olivor could liavo dsne it; that lour or five persons about the deceased could have dune 'i», and had more provouation to do it than the de» feudaut had. But it the killing waj in defence of life or property it - would be H a man double the strength ol another had a missile in his hand—a chair—and was about to kill htm, yuo lire Uol to stand by anil see it dune V.iu may bp exrusahiu ill 1 lie ,ifu >1 the stroug mau lie eidcidit '•! 1, is p 1 sitio at some length and citeii ihe Self* ndttc case. He mentioned that it was their duty, althouglu the jury would not be called ou to decide the degriei of homicide, to explain them, ile cited autliorii.es. lfe made another point iu say.iug thyt if homicide occurred irf the fieat u!' juterforeiide'bl' a third party it i< only manslaughter.— He cited authorities. Therefore, if the defendant did strike the bluw while the fight was going ou—when Olivii and lewder weie on the fi or, and the chair was swiugiug over the 1 eids of tne crowd —it w iulil ouiy be manslaughter, alt ho' the uelenoaut had not be.'n struck nor iu> suited. No miu e> ipiuits » unirJer with out a motive. iVhat motive had li.e de feudaut ? No motive was shown—no melice—no premediguiotr ... 1 ■ . Edwin Lyon, on purt el'iiefendaiit.Siiid he w»s but a young member of the bar, and auxiously eudeavoied to avoid spfcak» iag ou aa occasion tfbeie 1 fe tremided on the verdict of a jury; but duly called him, and he dared noI shrink ! from it.— He said the ease had been ably advoca ted by his colleagues who .had preceded him, and woul I be by him who should follow. He diseanted upon the law of evidence, direct and»circuaijtaotial, and elucidated it clearly; He slewed how strongly, and connectedly, and cortaiulv each Jink in the chain of circumstances iuust b'j,provnu ; and plainly establish the iheory sought to be esubbshed—aud none other. He then examined the tea* timony briefly, and made several 1 points that others could, and might have done The stabbing sside from John Ad» li'igton. He knejv the ppisoner well.— Ha hud served with him 'in the ermy, wnen he was the pet of bis regiutent; ho knew him to praise him. jHo waS" the last to be suspeited of aoowarSly and dast ardly de&l. ffe could fall o#h is knees before the jury and say, "gentlemen, thio prisoner eoijld never be guilty vf the inv famous murder for which he is indicted." Hut. it is not for his life that he would plead;—-though life is sweet to him, and 1 tberty is dear to him—but for his wife and babes. Your verdict may bring them more than life—jt inflict upon them them worse thijn death. Mr. Lyou made a strong appeal in be halt of the wife and family of t|i« oris, oner. A Court adjourned ti|l 9 a. m.. to-njor row. THURSDAY, March 21st, 1867. Tl>e coiftt convened to adjournment. i" e prisoner was brought into court by the fjhefiff. The jury jrere-callid J Thompson, for dsfeuijant, said,"after the tedious review of this'caro which had already been h:;d, he obly pro posed" to take a eureqry review of the fact#. It i# a fact'that the tueh, Teeple and CuUuingham, fame to the party un invited, and behaved- io c manner which resulted tearfully aud I ' terribly! They were strstngets and foisted themselves upon that quiet, peaceful party. Their terriblo death wau the consequence Of their xwii conduct. The defdndsot was comparatively a stranger ic that comma nity : his character was not impugned. Hut character is fiot formed in a day,odr year. The defendant wa*i poor, with a famijy Ol'fn children, comparative strtin ger, and he was'ejiatrged with the high est crime known to our law. lie (Thumpi. i'DJ would rather stand he-nlft tlie un 112 .rtuuate until au I hi-sobbing \ ile in I children, than In advocate the c.i • the proudest monarch i ilie globe. • \l lierevor the down trodden or opuros-* ed Were found— no matter what ciee I or e dor—tfierc his voice and his arm should be raised i'll iKuir b?half. Mr. Thoinn son *eis)i) with the offence who was innocent ha ..•ould clear tho defendant he would soon do so! lie slood i'ur&'t'o de- Ijjiid himwlf, and no other man should bo charged with the offence for that pur po c. M'. T m s n thoti recapitulated tlio testi.iHi v tu'K-jiub extent.' The crime might liavo been dotle byis.tiie Other per son. Htf enumerated seiieral persons who wAe at the party, and witnessed the tra istiction; yei tjie Cumin .iiweilth IJ IVC 'filled to plieb tliiui nri'the KtanJ. Ti ei w. re I'ouud to place all the-evidcuce be. fore tho jury whe i tliey sk them' t > ton vict ttffe defendant. It not sufficient for the Coih"ionwealth to prove tliiit the defautaiit y/as in'a position that ho could and might have done (lie dead ; tli y must pro"e that it was u/u-ally iißpigsi Idb tuhAVs bven done by another He wou'd not impugn aßy witness; the de fend ii nt relied on the strength of his own testimony "as giiren by the Common Wealth C.ilvin \Vellel* said as he went out of the rontn "he saw what looked like a knife ; saw it at r the knives fir the purpose of warding off su-pieion from luuuelf. Now, 'the evidence shows that the tijne Teeple was down with Oliver, file def'tndaat had a chair raised aui struck, and Oliver re ceived it at the time; he imuiedia'ely ran out and asked fo- the kntres in his excitement, when he thought those two men were whipping tbe whole bouse.— Say what we will, Cußuißgh .m and Tesple could whip all Portersvjlle, %ud dfd Whip it. The very mqmenrt Shaffer giruck Teeple. he sadc down'atrd cjficd "oh !" that was the -nmiih'.fit he received the mortal' stab defendant, was theu la ouetf a'Jiositioa tljat he could not possi ble have committed tho stroke. He ap plied the evidence to prove this position . Mj Thompson reconciled the testimony in sucli a (5 pTecfff?lfe rtfe ifa ,»!!, if,- theor y of "w Commonwealth, that Arlington mnst lmve been the one who done the .tabbing. I grsßt you . there are circumstances which throw » susp.cion on John B. Adli„ g t on . I wi || deal w.th you frankly; he was in tho iqotn ; thaLwas suspicious. He raised m C«aif, that vr«B suspicion. The proof; adduced by tho Coiumonwe&hh, 13 that the defendant did -not bring a knife They say defeqdanf said "tlroso men got what they came for."'So ho did. They charge that he s&W, "he lid not care a damn how quick they died so he did. Mr. Tfcfotppion did not seek to deny or paliate siieh ijjut they were not evidence of guilt.t The Common wealth gave-up the-idea that he (defend- liad BoEriifeln the early part of tho introiuce'a witness to prove that he went home-tfe set A knife, and they did not prove it; they signally fail, od; tha witness testified that he came home to see the children in accordance with a previous arrangement, and that be did not go back to the kitchen ; and, therefore, could not have got the knife, lie referred to the conversation in the barrojm. They were all taikilng about the probabilities of arrests; they were all there; they were all liable to arrest; and it was quite natural that defendant who had jtfst returned f'row looking after tha 112a 6 ""™ k'® children, should say tj Fred UowJerj i'jf I was like you, Fred, a singlte man, I woelti pof care," "I sup pose wo all wM. te' taken ;to the atono jug in ljutlor. ? It WJIS -dot-tit all strange that he should use) such expressions when thinking of his wife and defenseless chil dren. Calvin Weller, Sidney Oliver, and others, testified to tho fact that before tho Doctor came, Teeple complained of his left si 0 hurting him ; suthat tho fact that A rlington sa-id'to the Doctor. -'he clnii * lay on t IT it side, ho complains of tu tut! . hinj.' lie had been h t 1 I r 11 >1:1 iII ill , 1 •> -ij ''""J tliul - rock Cunningham, struck Ji'i-ulc , the loriuer was struck .wicc; yot l lie ('ouimouwealtli provos there was nothing i ant at tlie m iincnt the cry 't_"oli was uttored. Hawasso situa. ted at this time, th it it was physically ifupoisi Ig he cirtiUl liavo doue it Cir ciinistsQ:ia/ evidtneo is well compared to tho lirtks of the telegraph wire, it must be connected; ee&er ono !?ni ! , and the At lantic' cable goes for- nothing; it is of 116 consequence. So with eiicuniHtau tial cvidinice, sever one liirk and the dc» tend mi 'nu tbe acquitted. The porcro ratioc of Mr. Thompson, was truly elo quent and affecting ; it brought, tears to the oyai of inaoy .of tho large and re spectable audience ladies a'ud geutle nien. Ho -p iko for two' hours. To Peniisjf »^i T ( lVNO ldlers. ! KJ.•» OK -Mi f.M.tiir HWTORY, ) II A fiitisßuito. Feb.-22, IH7C.' } l«i in.lei sijjue i, appointed 'to* prepare » ' listory uf tbe PenusylvaQlu'Toiunteet St'rid M'iliti# organizations', ftavifcg diicov cred inaoy imperfection* if. tint muster out rulfa ni the coir panics, dfiires that each soldier, who nerved in any organiza tion fr6tu tl: 1 .'itate, would frirnish infor mation in lirs [iCiijsnaf history pertaining to' the felloiVing poinfo, vir :' 1. Wound*:— If iVofiiided, give the data; in what engagements received ; nr. ttfre of wounds; roMilt of wounds; lure of iiurgiefll operations, if capital and Dy tfh'oili performed. * 2. Imprisfinicents• '-If j pvispner,givo the dirte i< -KJ piece of capture; whore im prisoned J tjHtarc of treatment; and tho date and lit esdapo of - release. lie also desires that the relatives or companions in arms of deceased soldiers •would give the muse, date,place of death and place of interment of each, and any Tacts in his histcry towching the subjects above rcftir.-ed to." SkS" Wrhe at Che head o.f the page the name of-the person'to'whom tho infor mation'pertains, the numbcrof regimont antf lettor ©•''company to which lie be-** longed. AVrite in coßciso terms, in a plain hand, cm letjer paper, and on but one side of a leaf. ■ 'I 110 urtd»r.si£ricd also desires to make u collection fur present sad for futflro use of—- ■ ; 1 Complete fries o? all newspapers in ihe State iroru "the beginning of 1881 Bo tho close of IS£5, t).ho bound lind per mahently kept irr the archives of tho State.' Will the publishers or any friends possessing them furnish such files? 2. Uiscourges commemorative of fal len soldiers; pamphKrf'pertaining in any manner to the ttcttollioa or its causes ; ariictes publishcit or in manuscript con taining histi rrca-l {"sets. ,■ 8' Ptrhfishetf t'istljries or sketches of ri'i/imatiU, bTtelic-*or'conibanies ; print •d -ind -Wl/ti : fti »c r. ' •* ■ l l er .'luch ol tjit! tn iflw called for under these several heitds may not be needed for itnmeiliite use, but tbe day will o)tqo wlieu it tfijl'be invaluable, and the pre£ etif is' regarded as a favorable time fdr" coir mStiOTng the cotlcctioo. TmX every true sou of Pennsylvania respond promptly to this there*, oy resoue from oblivlop njifcy memorials of her patriotism and her pojver. * RTLJTORIAN. —The unAermghitfroffers fop sale, two horses, on-e f»oo« new wagon, and one set of ijopble harness. lle