American citizen. [volume] (Butler, Butler County, Pa.) 1863-1872, 1867-06-05
THE AMERICAN CITIZEN.
Butler, Pa. Wednesday. June 5, 1867.
The Arlington Homicide.
TUESDAY, June 4th, 1867.


The court then ordered the arraignment
of John B. Arlington on nm Indictment for
the murder of James II. Teeple.
Whereupon, Mr.. Thompson, for the pris-
oser, asked leave of court for few minutes
conversation with their client, which was
granted.
After which, the clerk proceeded with the
arraignment. lie read the bill of indict-
Inent, charging John b. Arlington with the
murder of James II. Teeple, at the house Of
John Oliver, in Portersville, Butler county,
on the night of December 24th, 1866, by
stabbing him with knife, Of which wound
he soon after died.
To this indictment the defendant plead
guilty.
His honor, Judge McGuffn, said in the
first case, for the murder of Sidney b. Cum
ningham, tried at the last term, on which
motion for a new trial bad been made and
argued at the adjourned court in Apri,,and
held under advisement, the court we're of
the unanimous opinion that new trial
should be granted. As they had only come
to that conclusion this morning, he was un-
prepared with a written opinion, but would
state some of the reasons r. this decision.
The evidence had been carefully and ascn-
rately reported and printed. They had
read it attentively, and were Of opinion it
did not warrant verdict beyond that of
murder in the second degree. hey cast no
reflections upon the jury who tried the pris-
.oner. They were intelligent and conscien-
tous men, We think they erred ON the
degree of guilt. In the absence Of proof Of
.deliberation, on the part Of the Common
wealth, the law would fix the grade in the
second degree. The meeting at divers on
the night of the 24tl of December, 1866.
was for lawful purpose. The young la
dies and gentlemeE had met for II Farty
they had been interrupted by violent and
improper language from the deceased men
in the early part Of the evening, and Ad-
lington, and others, had been requested to
lie prepared to assist } Juiiu Oliver in case If
further disturbance. Cunningham and Tee,
pie had promised to conduct themselves
genteely, for the remainder Of the evening,
in consideration of being permitted to par
ticipale in the party. The disturbance af-
fterwards was such as to cause excitement.
anger, hot blood. The fact that the prisoner
guve warning when he flour shed the knife,
rebutted the presumption Of premedtation;
if he had predetermined to kill, he would
not have exhibited the knife and gipen warn-
inr. When he saw Oliver. his friend, PROS
tratc on the floor and chair in the hands
of strong man, upraised over him-when
he was appealed to hy Jones not to permit
them to kill Oliver it was suffcint cause to
incitc hot blood in fighting man, as Ad>
lington had been proven to be, and destroy
the presumption Of deliberaton or premed,
station. But deiberation must be proven
by the prosecution, iniliRg in which, the
law fixes the grade where it is certain who
committed the act as murder in the second
degree. Therefore, we are of opinion the
jury erred in the degree of guilt, and a new
trial is granted.
The learned Judge dcscanted at some
length on the testimony, and the law as ap>
plcablo to the facts disclosed, but which a
lack Of space prccludes our publishing in
this issue. We may find room in our next.
The defendants counsel then asked leave
to withdraw the plea of mot guilty" to the
Indictment for the murder Of Sidney 3. Gun
ningham, and enter plea of 'guilty."-
The couIt permitted this to be done.
Judge McGuffn said it now become the
duty of the court to fix the grade of the hom-
icide, which from a careful consideration of
the law and the facts they should place on
the record as murder in tho second degree
The court then addressed the prisoner,
and asked him if he had any thing to say
why sentence should not be pronounced ? If
so, an opportunity was now offered.
At this stage of the proceedings there was
some confusion manifested in the audience,
in their anxiety to get close enough to hear
what might be said by the prisoner After
order was restored, Mr.. Arlington arose and
said:
Will say 10 tHlS HOUOTHDle court, 10 my
little family and my aged mother around me,
am not gully of the crime, as they have
made ne say. | am not guilty. Thats
all | have 30 say"
The court after lecturing the prisoner
on the eno-mity OF his offense and remind
ing him of the very narrow chance he
had had of escaping with his life, and ex-
pressing the hope that in his solitary cell
in The pententiary he would reflect and
seek forgivness for his crimes, proceeded
t. pronounce sentence. On the first in>
.dictment for the murder of Sidney b. Can
ningham, THAT you, John d. Arlington.
pay fine of five dollars to the Common
wealth, the costs of prosecution, and un-
dergo an imprisonment of solitary confines
ment at hard labor in the Western Peni.
tentary of Pennsylvania, for n period of
twelve years"
On the second indic,mant, for the mur-
der of James Ii. Teeple. the Court said
if the indictment had charged the homi-
eide as having been the second offense,
: they would have been compelled to SEN