American citizen. [volume] (Butler, Butler County, Pa.) 1863-1872, 1867-05-08

the trial of the cause will not warrant
such verdict The persons or person
who stabbed Cunningham and 1eeple
committed no offence to the law of the
Commonwealth. They had attacked the
party. They caused the fight They
threatened to whip the town. They were
powerful men. They exasperated the
party by their violence, and in the heat
of blood which they had stirred up to fu-
rious anger, the unfortunate blows we're
struck viii h resulted in death. There
was DO evidence who committed the stab
bing; but the jury have said it was the
Defendant. He did not reflect upon the
jury-they were good men selected from
the body Of the county-but it shows the
mutability and error of human judgment
The evidence was entirely cireumstantial,
no one could say who it was struck the
blow; yet, the jury found that it was the
Defendant. He believed the community,
where the offence was committed; all
who had read the trial would be salts,
fed with a verdict of guilty of mans
slaughter. He had taken pains to ascer.
tain the sense of the community, and this
seems to be its Judgment. He appealed
very eloquently for the exercise of the
discretionary power of the Court in the
granting of a new trial to the defendant.
Mr.. Thompson, for defendant, said he
had but little to add to what had already Y
been said by his colleagues. We have
duties to perform from which we dare
not shrink, neither counsel nor Court
May it not be that the neglect, or over
sight of some small matter by counsel.
has placed us in our present position with
verdict Of guilty of murder in the first
degree hanging over the defedant May
it not have been caused by some slight
error in the rulings of the Court? He
made the remark with. due respect for
the ability, integrity and impartiality of
their honors. He had moved for post
ponemeut of the trial when it first came
before the Court, on the ground of deep
seated and all ,pervading prejudice which
had forestalled public opinion, and
lack Of means and opportunity on the
pert Of the prisoner to procure counsel
and the attendance of witnesses. The
unfortunate defendant had sworn in open
Court, before the Majesty of high Heav-
en-, that he did not think he could safely
go to trial for these reasons. We all
know with what horror the mass OF com
muuity look upon the crime of murder in
peaceful neighborhood; and it is natural
- gbn,,tl by, W. I,.,- 1 l.,
the public mind jumps to the conviction
OF the guilt Of person charged with its
preparation; and how difficult, and in
some instances impossible, it is to pre-
vent their taking the law in their own
hands and instantly punishing the un-
fortunate victim, without trial. Adling-
ton was without funds; was a stranger;
had no one to subpoena witnesses for him
and procure their attendance at the trial
He had no counsel except those picked
up on the eve of trial. He would here
state in reference to this matter, fact
that he had uttered to no human being.
On the night when your hOnors ruled the
cause shown legally insufficient for
postponement of the trial, the prisoners
vile the mother of his children-left
my office, at ten O'Clock in the night, and
travelled through the wiutry SHOWS to an
adjoining county to procure the assistance
of able counsel; but she returned dis
appointed. His counsel. without pre-
paratory consultation; without witnesses;
unassistcd by the advocate Of his choice,
were forced on to the trial.
Mr.. Thompson spoke with great force
aud feeling. He took up the different
motions from the record which counsel
for the defendant had thought it their
duty to make, and which the court had
over ruled, and remarked upon the diff.
cultios under which counsel of defendants
labored in being driven to trial at that
time. They were over ruled in almost
ever step of the case He had read
over the testimony-as farely reported
in the papers-carefullY since the trial,
and he was unable TO find sufficient to
warrant such verdict as had been ren>
Gered by the jury to whom the facts had
been submitted The Intelligence and
moral sense of the community was shock
ed by that verdict. On the ringing of
the bell, on the night that the jury
had agreed, as if by a common impulse,
large portion of the people of this bor-
ough filed this Court room to repletion
in an incredibly short time, expecting
because the jury had taken so short a
period for deliberation-to hear averdict
for acquittal, or at most for manslaughter.
How soon and terribly were their expec-
tations disappointed The jury returned
a verdict of murder In the first degree
The announcement thrilled through that
vast audience as if it had been struck
wish plralyss. Some, at least, tainted
Mr. Thompson said there were persons
present during the aght at divers, who
had not been called here as witnesses
The Commonwealth was bound to have
had those witnesses present on the trial
that they might have been questioned as
to the transaction. He said that if the
stabbing might have been done by any
other person in the room, then the law
says the jury should have found that Johr
b. Arlington did not do it. There were
others IN the room who might have done
the deed, aud who had greater provoca'
tion to do it The landlord, and every
one who was knocked down by the de
ceased, might have done it, and haC
crater provoeation. No one saw then
| strike with a knife. No one saw ADJ