American citizen. [volume] (Butler, Butler County, Pa.) 1863-1872, 1867-03-20

nao wv tue ouhif NJ snis tllho thlhk tnt
blow on Oliver had little effect be was
either took off or got of himself; DOM
knoY thst ! did anything after I wen,
iate the north room with Shaffer was
there about 8 minutes; fuss was then
over first l saw Of Cuqpipgham after
that was when he was citing in the ball;
| think | went ap stairs then with John
Oliver; dop't know who brought him out
Of the parior; think Arlington took
Oliver up stairs don't knoY who said
we had better get the doctor; don't know
that anybody told me to go for the doc
tor; they were talking, that he had
better be got for all of thsm. Mrs. Ad.
liugtOn, John Adliugten and sene 9th.
ers wsFe in the room up stairs; heard
eeyeral talking that the men were cut,
and the doctor should be sent for; don't
know whether it was up stairs thst this
conversation occurred belisys started
from below think remained up stairs
not more than minute or two; don't
know that conversed with any one par~
ticslarly; the first place I saw Cunnipg-
ham be was sitting in the hall handy to
the door, with his head on his breast,
sitting fat upon the floor against the wall;
think his legs were stretched out; on
the right hand side as you 90 iu at the
deor; about three feet frcm the front
door; saw people in the hail and the bar
room think il was in the kitchen that
some one said the doctor should be sent
for the defendant assisted to take Oliver
up stairs l went up behind them did
not go Into the room again before going
fer the doctor went after hiu and came
back with him l went up stairs with
him and came down with him; saw him
when he looked at TsspIe was at the
Hotel till half,past 8 o'clock; John Oliver
said he was not badly hurt; the doctor
knew there were others badly hurt; l
remember Of the doctor examining Tee
pie; Teeple said he was hurt down here
(on lett side) think Cunningham was
brought iAto the room did not see the
doctor examining Cunningham.
Mr.. Thompson, for defendant, objec-
ted to the testimony in relation to Tesple
The Commonwealth having proved by
the Doctor the nature and character of
the wound Of Teeple, now proposed to
ask the witness who was prevent at the
cxamination--(the body Of Cunningham
lying in the room what took place at
that examination, as part of the res ges-
tg of the whole transaction.
The court asked the witness how long
1t was between the time the doctor was
called in and the time be examined
Teerie.
Mr.. Thompson objected that evidence
of the character Of the wound of Teeple
was no part of the res gests of this case.
The defndant was on trial for the mur.
der Of Sidney B. Cunningham, and pot
for that Of Teeple; hence, this Evidence
was irrelevant and had nothing to do with
the case.
Court Qyerrulod the objection, and no>
ted an exception.
Witness resumed The doctor probed
the wound and said he guessed the rib
stopped the instrument; there were very
few in the room at the time the doctor
asked lseple if he was hurt; he pointed
with his hand where he was hurt, VIC
took the things out of Cunningham's
pocket after he died; he bad no weap-
ons pass book, pocket book and some
other little thiags was there when he
died; think il was about one o'clock in
the morning. | never saw the knife be-
fore nor since; never saw it bnt once
didn't see at what time Adlia gton enter
ed the sitting room; I believe heard
him say that If those men had not been
killed there might haye beeq more meu
killed than there was this was in the
bar room, about two o'clock, a. m, after
Cunningham bad died there were
number present, James Gibson, William
Gibson, James Marshall, were present /;
can't tell how ioag we had been in the
oarroom did not notice that he address,
ed himself to any one particularly; mo-
ticed pothipg out of the way in his man
ner; don't know what led him 70 make
the remark l believe they we're taIkiag
about the fight believe have stated al
that I saw him do.
The Commonwealth offered to ask the
witness if he saw any other person press
ent with arms on that night.
Mr.. Thompson objectea, and the prop
osition ras reduced to writing The OBJ
lection was that il had no connection
with the case on trial.
The Court .apo;ttsl 4 the av;Japee and