American citizen. [volume] (Butler, Butler County, Pa.) 1863-1872, 1867-04-17
.FR I A e O f
4 10 i "A n y n
JOHN B. ARLINGTON
FOR THE MURDER OF
Sidney B. Cunningham
COMMONWEALTH Indicted
Us. tot =
j. B. ARLINGTON, Homicide.
THURSDAY, March 2l, 1867.

In DhoDA1, huICH 81, SOOi'
(coNTINUED.)
Lewis 2. Mitchell, for Commonwealth.
l am sorry, very sorry, to be CALLED upon
to say anything after the very eloquent
remarks which have been made before
this jury. He was glad the responsible
ity did not rest upon him TO decide the
case. His duty was to advocate tho via
dication of the laws of the Common
wealth Kingdoms, nations and dynas-
ties had been swept from the face of the
earth, but Gods word remained intact !:
'"Whoso sheddeth mans blood, by man
shall his blood be she'd" This was
ringing in our ears, at this day. "Thy
brotter's blood cryeth from the ground
unto me-" and 81 will require it at your
hands" Tx seals of justice were held
blindly, and no outside sympathy could
move the beam. Stern facts must be
weighed II it were not so, you might
tear down the walls of the temples Of
Justice, abolish your courts break down
the barriers which protect life, and let
Z the as a sins knife riot in murder. Mr.
Mitchell, spoke very eloquently in his
opening. lie then remarked upon cir.
cumstartial evidence. He said the de-
fence would have US believe that it must
be proved that the knife must be seen to
enter the side must be seen to ba turn
ed in the wound must be seen with>
drawn; before we could be called upon
to convict. You may see the lightning
strike the oak and shiyer it. but unless
you can see the streak all the way from
the clupd to the uak-trace it dowa the
tree to the root, you are not to conclude
that th5 lightning shiyered the tree
Two men were stricken down. and as
we'll remarked by the counsel for the dc
fendant by the same hend. They were
cruelty, cowardly, dostardly murdered -
Shume on the cowardly men who were
there, and participated in it. 1t was
cowardiy act. Who did it? You, gen,
glamcu, aIe the cynscryotols VI the law
Eyuy nan an the CommouwcaiL, VII 20
he lpli.os tp rest at night, depends upon
The, verdict Of Jurors Tor the security of
his life. He referred to the attacks upon
the witnesses by one Of the defendants
counsel They take the ground in tn
first place, that it was John Oliver, Cal
win Weller aud Sidney Oliver, who per
pctrated the killing and next, that if ii
was defendant who struck the blow, Ii
was done in defence OF John Oliver -
Our theory is that two men were killed
Mt The house of John Oliver, on the 2ith
of December; that they were killed with
knife, and that it was defendant who
. do ne it. lis opinion was that Cunning
n IN was killed at The lide he drew the
& aair to strike Oliyorj but his opinion
W cut for nothing. Tie believed that
I ,crlc received his death wound when
ehtrg with Oliver aud Shaiicr They
were killed Who did it? 1t was ione
with kni:e, there is no doubt about
that. 1t was done in that room, and
they died of the wounds there aud then
received. 1t was done with double
edged knife Science proved this. The
doctor proved il. Who had the knife p
Can you have any doubt that defendant
had such a knife iE September? 1T was
described by several witnesses, that dee
fendant had such knife The black
smith proved that he made such knives
had them in his shop window-de.
tcndant was seen coming out Of the shop
with knife and was little lus,y.-
Is not this link in the chain oil circum-
stances? He carrie it in his breast
and in his boot Had he the knife on
the night of the mprder? Here we call
in human testimony. Calvin Weller
says he saw the knife in defendants
hand on that night in the doog of the
room. he descuibs lt-blade FIVE or six
inches long doutle-edged side of the
blade toward him; inch and one-quarter
broad in the blade. But the defendants
counsel say dop't believe him, he is
swearing the ror e from around his own
neck. Now, We prove that Sidney Oli>
yer saw it in the hand of the defendant
on that night. He spoke of the meet
ing of the defendant and Oliver and
others, in the evening when conlbiua-
tion was formed-when n Oliver toll ADJ
a lington not to bring his knife, aad he
told him he had not done so,-when OIL
iver told Weller to put'stoues in his pock.
ct, and Sidney Olive to take tumbler,
and Ambrose to take poker, and him
self revolver to bcJ used as knuckler.
This is the reason, why young Oliver
would be more like ly to see the knife
He was in the Sc cret of the ring he
knew of the CONT ination.
Adjourned till p. m.
Il