American citizen. [volume] (Butler, Butler County, Pa.) 1863-1872, 1867-03-20
II r T A. L . F
JOHN B. ARLINGTON,
FOR THE MURDER OF
Sidney B. Cunningham

lCpntin ued)
AFTERNOON SESSION.

AFTERNOON SESSION.
| Court met pursuant to adjournment
The prisoner was brought into Court b,
the Sheriff. The jury were called ovel
BY the Clerk, and all answered to theil
| aames
Gen. John N. Purviance on part oil
defense, end with tks cancurrence of hi
colleagues, moved that the witnesses or
part of the commonwealth, as well ss
those on part Of the defense, should re-
tire from the Court House, and be KEEP,
in q room by themselves until called up
on 10 testify.
The Court observed that the witnesses
could not hear one-half of what was tss.
tified sy witnesses from their position in
the audience. Unless the Court had ev.
idence that there was combination, they
would Pot make an order foF that pur-
pose.
Mr.. Mccarthy and Mr. MiCsadlsss
urged that it was discretionary with the
CoRFtt, ard they appealed to that discre,
| tion.
The Court ovcrraled ths motion.
Sidney Oliver called, but it was stated
by the counsel that he was sick at the
Hotel.
DR.. Cowden re called. d.-Mr. Oliver told
me that he was attacked this morning ex-
pectorating blood; he feels unable to come
ut present. Passed over.
Calvin Weller ucorn Il live 10 Law
renee county, IL miles from Portersyills;
was at the house Of John Oliver en- the
pight of the 24th Of December last; saw
Bowder and Marshall standing togeths;
there was dancing party there; Sidney
b. Cunningham and James IL. Teeple
were there I yas not acquainted With
them; saw Frederick Bowder and Dpn.
widdie Marshall they we're in the mid,
die room dou't remember who all we're
presentj half dozen-Teeple, Cum
bingham, Bowder, Marshall and William
piiugle | was in the north room by the
door looking in at the door of the parlor;
this YVES about III p. M; there were no
ladies nor others there the north room
10 where the dancing was saw Bowder
and Marshall taking; Cunningham
jumped up aud asked them what they
had against New Castle; Fred Bowder
turned round aud said he was not talk,
ing to HIM; with that, Cunningham
knocked him down partially then hit him
again and knocked him down, and hit
him three OF four times alter he was
dowH then john Oliver went into the
room out Of the dancing room; also,
Henry Bowder went in; Cunningham
then knocked Oliver down. | did not
notice Oliver Dc anything be vent up
toward Cunningham. | did not see Gun.
bingham after%ards until ! SAW him sit
ting in the hall. | was taking care of
Frederick Bowder; I picked hip up, and
he hit VIM. Kirker. | took Frederick
Bewder out OF the room; Marshall and
took him into the North room; into
the dancing room; | saw Arlington stand
in the door that lead from the parlor to
the North room, yith knife in his hand;
think it was while was taking Bowder
out Of the room that saw this; think
it was in the door that say il I think
Arlington wedt on ogt to the dancing
room when I took Fred Bowder out; ne
was looking iato the room when | saw
him with the knife; could pot say which
way he went | Judge he went into the
north room, don't know which way he
went he held it (the kpife) up this way,
(showipg the manner be held the knise)
He said, NOW have warned you.'. l
don't know which. He held the knife
out andsshook it, don't know who he was
looking at; he was looking into the par
lor where the fuss occurred.
Here the Court interrupted counsel
and urged that they hold themselves
strictly to the rules Of evidence; there
was too much time. occupied IN repeating
what the witnesses said, If counsel did
not hear they could ask the Court to hsye
the testimony repeated, side bar remarks
would not be allowed.
Mr.. Weller resumed.-Aalington ap-
neaied to be ongry while shaking his
| knife; I think il was double-edged
Katie; | would suppose the blade to be
Eve or six inches long suppose it to be
an inch or more broad just cast my eye
up at it 1; Il appeard to be pointed knife.
Mr.. Mccarthy objected to the question
rs leading. Court sid il was too leading.
Witness resumed The blade /
think was about inches long; inch and
q quarter broad had . point; would ;cail
it . double.edged butcher knife.
| Mr.. MCarthy objected to this ,pode
of examiuati9p. He felt his response
| ty, and he implored the Court to enforce
| the rule against leading questions.
The Court said they should ,sadeavoI
to keep within the rules.
| Mr.. Weller resumed.--After I took
Fred. Bowder out of the room, kept him
there rs long as could then gave bin
in charge Of his brother and vent baei
into the room was out Of the goou mo-
more than two minutes returned by tht
same soer and John Oliver and Shaffel
we're hghting this mao Teeple Teepl'
was partly dowu;..I ran apf caught Shafe'
and took HIN back into ihe NORTH room
sav Adlingtap bit Oliver on the back o
the head with chair; Teeple was kline
of sitting on the floor and Oliver was OF
I him .Ioho 0livor wau \ s<k;r-~ IL. LII =.