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
<the fight was over—till tho noise was
stopped, I don't thiDk it lasted five
minutes ; did not hear what had oecured
until 12 o'clock. Adlington canjc agirio
to we about the children ; I was stfll in
the front room. He tojd tne Jojin.Qltver
was hurt; he did not tell £ie hqjr. He
«aid' not t9 be geared,,that they would
not do tye (my harm." 1 was not fright
en«£. Adhngto.p yvos in a good humor,
■.•ooi, calm and callectgd. This was the
second t'lme he had come over. He said
nothing about any other person being;
hurt. He remained but a few minutes.
I had the baby on my lap ; it was awake
Jie spoke to it; I don't think he went
any place else in the house at that time.
J have no recollection of his going to any
other part of the house the first time ho
came over. He talked to the' baby. 1
don't know whether he did or did not go
to any other part of the house the first
time he came over. lam certain hi did
not the last time. I was before tho in
quest on New Year's day. I suppose 1 recoilect
recoilect better at that time than
.now. I think I know as much about it
,now as.&yer 1 did. I did not know of
Adlington having a knife, other thin
case knives, about th£ .bouse. No such
knife as you are after. I lived at Ad
lington's about two weeks before the dif
,J3culty at Oliver's. I was not there
wheu Adlington butchered. I have seen
no such knife as you are after since the
transaction. I lived at the furnaee be
fore I came to Adlingtou's. He did not
sit down whence to see the chiK
dren. I was sitting in,the front room
There was iu the cooking stove
Mr. Adlington came hoqie with his .wife.
She told me one of the man was dead,
and the other was very badly hurt. She
»aid they were a couple of strangers. I
don't think he said anything about 01
iver at that time. 1 don't think they
told me, and I did not inquire how they
were killed.
Crost examined —They did not tell
ine-fc) set up When tbey left it was ar
ranged that Mr. Adlington should come
over once in a while and see the children.
Uriah Al' C/urrun,sworn. —l Was at the
•lanoe at the Oliver House. I was there
when Teeple and Cunningham were in
the sitting room. I thought one of them
was drinking ; they made some noise in
the room ; called for Oysters; Oliver
told them he could not Jiavo no much
talk and noise as th*y had buen making;
one of them took offence aod wanted to
fight Oliver, who went out; they went
to their oysters ; I was in the room wheu
they came out; oae of them swore he
could whip anything in Portersville;
Henry Bowder came in and they went
away. When they came back, Cunning
. .nam came and shook hands with me, and
I recognised him; took him to Oliver
and they made up, shook hands, and
every thing went off agreeably for a
while; went into the dancing room; 1
called, and he daneed one sett; Cun
ningham then called a set and let me
danee; think he played the violin for
_jine or two dance*. At the time the
fight commenced, I went to the door •
tiiey were picking Bowder up; just as
he got up be hit Kirker in the eye ; 01
iver went in and Cunningham knocked
Jiim down. 1 weut back to let some
others in; that wa«i the last I saw of
Cunningham that Bight. George Prin
gle went in, for one, with the crowd
-iH.enry Bowder went in, but I ootid not
«>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 th<s hovse
of John Oliver, in I'ortersvillc, liutler
county, 011 the night of the 24th of' D
ecember, 1860. The dfiteased wtire there,
not at fiist to take pan in (he fantastics.
They had created a difficulty in the
early fiaft of the evening, but it had
beeh settled, and they took part in the
(lance. A difficulty then sprung up,
during which they were killed. The
defendant had been arrosttfd, you,
gentlemen, are Ewbrn to' try whether he
be guilty of the murdfir of Cunningham,
as charged. He then recapitulated the
evidence ; that defendant was seen with
a knife in his hand, and was heard to
say, "I warn you," or "I will warn you."
He was the only mac seen with a knife
in his hand during the fight. Lie dea
canted at length on the evidence, and
argued logically that he was the one tvho
struck the deadly blew, lie had been
over home but a short time before the
fight, and if he did cot have the knife
iu the early part of the evening! he must
have obtained it then. Me Was in jdose
quarters with Mr. Cunningham at the
time the chair was raised, and the lamp
was being passed out of the sitting room,
and it must have been at that tiffij that
he struck the fatal blow. Immediately
after Mr. Cunningham left the sitting
roo:a, the defendant left, passed through
the north room and kitchen, nut on the
porch, for the purpose, ito doubt, of se
creting his kuife. Repeated his expres
sions up stairs and iu the bar-room, that
'•he did not give a damn how soon they
died," meaning Teeple and Cunning
ham. Such expressions were an evi
dence of his guilt. His expressions
about being arrested, &c., it was argued,
evinced guilt. His assistance to the'
wounded, handkerchief, ic ,
was only done to ward off suspicion
Ilia wife's exclamations, When efcg ciijed
out " don t ,tlohp, 6h don'tT," meantsome
thing. She krew of something which
was not disclosed here. He descanted
on the evidence at considerable length.
When defendant went horse, be could
not «lecp; ho had to oouie ' Uaik to the
scene of the murder, aud to repeat the
story i,n the New Yoik Ledger, entitled
! "Hauging the wrong man." lie, the
defendant, no doubt thought gome one
would be arrested end hung for the mur
der, and afterward it would be found he
was innocent. Hejwould not labor on the
testimony much longer, as he only in*
tended to open the case, and would be
followed by his experienced colleagues.
Our laws do not permit crimes like this
togo unpunished; and he thought the
evidet.ee pointed to the defendant in such
a way as to warrant the jury in saying
that |:e was the guilty person.
Gen. J. N. Purviance, for defendant,
then addressed the jury. He said
searching investigations for over nine
days had failed to sever the profound
mystery which surrounded this case
When it is ooDsidmed that the whole
transacting ocfCupied but five minutes;
that theie wfire chairs, pistols, knives,
pokers and" tumblers used; that there
was great excitement, aud a larire crowd
in the fight, it isjio wonder it could not
bi ascertained who struck the fatal blow;
Mr. Purvianee requested the Court ta
instruct the jury on the followiug poiuts:
Ist, Thai the jury must bft satisfied
beyoud a reasonable doub:, oj! (.he guilt
of the defendant, before they are justi
fied in rendering a verdict o#' guilty;
a*jd lhat ii a reasonable doubt exists in
the minds of thtj jdry, it is their duty
to render a verdict of not guilty.
2d. That in a case of circumstantial
evidence, every material circumstance
relied oh by the Commonwealth, forms
in iUelf an indepeiidant issue, and the
law requires that each circumstance
shall be established clearly and beyond
a reasonable doubt. The circumstances
should, to a moral certainty, exclude
every hypothesis but the one proposod
to be proved by the' Commonwealth.
3rd. If the mortal wottAd were in
flicted—by who'msbever done—under
the belief that it was necessary to save
the life erf iT friend, it would'be'homicide
in self defense
4th. That the possession of a knife by
the defendant before the' commission of
the homioidp, was received for the pur
pose of showing the defendant had the
means of inflicting such wounds as those
found on the bodies of deceased, but
not as a fact from whicfi it might be in-
Jefrfid that the defendant wotjTj have a
tendency to commit the deed.
sth. That the posse is Ton of a knife is
not competent to be ghpwn for the pur
pose of prejudicing the character o- the
defendant, orirotu which the jury might
infer that the defendant probably did
the act.
Mr. Purvianee referred to numerous
authorities in support of his points, and
especially with reference to circuuistanx
lial evidence.
descanted eloquently and clearly,
upon the evidence, ijaid the jury were
called upon here to say wjiat uot i?uc sin
gle wituess for the Qopiuionwealth, on
their oaths, could say ; they were asked
tqsay'who stabbed Cunningham. No
witness oi>t 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 <o?«tr
aud found to be present. ' i •
Join ">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 *<as truly 1 eloquent, and' wo timid
hot iit(6 in ft to anything like jus
lice, in a report of his reniaik*.. lie
-aid, lor his client, that ii by charging
another |>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 <t glance ;" did- not say jt was
a Knife, only what he thaw/hi vft»s a krtife.
He was taking Howdcr out of the room,
and could not take more thin a cursory
glance. Sidney Oiiversaw it at thesame
tiuife; he was taking the lamp out; re
ceived a blow and was confused; the
chimney krtocfccd <4T; in a reeling condi
tion he s'aw'wlrrt lie thought was a knile.
No other niortrf! man iu the room, who
hid cVery Opportunity of' Seeing, saw the
knife, or heaVd the wort's, "I give you
warning." James Marshall stood to the
left of- the door; he Saw' the whole of the
fight; he wJs not struck"; his faculties
were unimpaired, ho swears whatever
Adlington had ir. his hand, it was not
a knife. He cculd see defendant plain
ly, and he saw hiifi raise it over his head
ami struck a downward blow. Ho de
scribed the stick minu **y." THo man
who struck t lie blow, did not flourish the
knife orstrHte a downward blow. lie
did not cry out""I warn you !" It was
done TO secretly that it had not been found
tout. There Was not'a witness whoswore
before this jury tut Would if they could,
have sworn if they hail known a
fact that would convict the defendant;
because it would throw suspicion from
tOcniselves. Self preservation is the fi«i
laWof nrfture.' They all tesrifiel with
great treplilutieu. They Mtood U|r.n a
volcano, and the least casual word might
explode them n'e. which wodfd disci ~e
the real criminal. J' (J, ver oouid have
d'.t; this <-e I • tli n tli laW 'lie
uelen .i ti '!•. #ti» r • ii Kr J?■ w.• c i
tiift i iiio i', then rh I/H I k
» i did nut Ju .t; it m; r 'ht J 4 .ivc*
beeii Uone hy any '"other peisui)* iy the
room, thsn the defendant-I!id not dii it.
I' tius't' lie proveir ibaf it eciirl I not be
duue by auy other person but the de
fendant, in nrd»r to convict hinj. " Jjlisa
stated that when 'Adlingtiin
came nut and a*ked, 'damn you, where
oro the knives ?" was after she heard the
cry of "Oh !" and alter the body was
heard to fall on the floor She aim
swears she saw a man cotue out of the
sitting loom hurriedly, just alter the
body lei I, an.i go out of the n'ortti do'tjr
of the dtnciug iyopi and
she swear fVisititety it w.ts eot Adl trg
ion. She hid the -kuives after tho cry of
**<'h ! aim tlie fall 01 ihe body. I know,
said Mr. TWnnpson, tii.« it-, will he Sr
gued thai the came out and
called f>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<j tho hand of def'end>
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 <i i- , Ii ttei-H illnslra
iVe of mi iti j i 1 , iMbtdining inlorma
ri i i.t leronueui historic value, or des
ciiptious of in cresting incident ; plans
of battlep, sieges, forts ai.J of naval en
gußiiiects. •" " *"T
5. Comply® rolls of Uudctts and grad»
u.ites of each College in tlte State who
were in the service. " ,
6. Card photographs , vignette) of each
officer, of whatever grade, who, at' any
tune, acted as commander of a regiment,
battery t-r independent company, inscri
bed «ith his nau.o; of regiment,
&e , datfes of ptriiid during which he hell
to(dii;aftd, with hiVyresent posf office
tfresw. Tlie relatives of deceased ulnars
nra request6<t'«o'forward flio.plifitQgraphs
6f sUeli offie 1% tr.scribed us above No
use will be rn tile of these photographs
wi boat the'express 'permfasion of the
setrftft furljior than to arrange them in
a btzttftf l-3r >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<ji
dence, Jciffersoh St., East of Jack's
Hotel,' Uutler, Pa. '
NO. 15, it.) JOHK A. SKDWICX.