American citizen. [volume] (Butler, Butler County, Pa.) 1863-1872, 1867-03-13

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aforesaid 24th day of December, IN the
year aforesaid, at the borough CT Por-
tersville aforesaid, in the county aiore-
said and 30 the jurors aforesaid, on their
oaths and afirmations aforesaid, do say !:
That Said John b. Adlington, him the
said Sidney b. Cunningham, 10 manner
and form aforesaid, felopiously wilfully,
and of his own malice aforetLou.J .Jht, did
kill and murder. contrary to the form Of
the Act of Assembly in such case made
and provided, and against the peace and
dignity of the Commonwealth of Penn
sylvania
And The. Inquest Aforesaid, upon theig
osths aud sfirmatiops Aforesaid, do fur..
ther present: That John B. Arlington,
late Of said county, yeoman, on the 24tk
day of December, in the year of our Lord
one thousapd eight hundred aud sixty
six, at the county (of Butlsr) aforesaid,
at the borough of Portersville, in said
cou nty, and within the jurisdiction cf
this Court, with force and arms, in aud
upon one Sidney b. Cunningham, in the
peace Of God and Of tie said State, then
and there being, feloniously, wilfully, ana
Of bis own malice aforethought, did make
an assault aud that the said John B.
Abingdon, with certain knife, of the
value OF seventy five cents, which he, the
said John b. Adlingtea. in both ms hands
then and thereheld; the said Sidney h.
Cunuingham-in and upon the left side
of the body of him, the said Sidney b
Cunningham tlen aud there felonlously,
wilfully, and of his own ma ice atore-
thou ,bt, did strike aud thrust, giving to
the said Sidney B. Cunningham, then
and there, with the knife aforesaid, IN and
upon the aforesaid left side of the body
of him, the said Sidney b. Cunningham
penetrating upward between the lower
ribs into the chest of him, the said Sid.
ney B. Cunningham, one mortal wound
of the breadth of one and one-fourth
inches. aud of the depth of four ard one
half inches OF which SAID mortal wound,
ths aid Sidney b. CunSingham instantly
did die, on the Aforesaid 24th day of DE
cembcr, in the year aforesaid, at the
borough cf Pcrtersville aforesaid, in. the
county aforesaid Aud SO the Jurors
aforesaid, upon their oaths and afirma>
tons aforesaid, do say That the said
john b. Arlington, him tn said Sidney
b. Cunningham, in manner and form
aforesaid, feIoniously, wilfuily, and of his
own malice aforethought, did kill and
murder, contrary to the form of the Act
Of Assembly in such case made and pro
v:ded, and against the peace aud dignity
OF the Commonwealth Of Pennsylvania
C2erk.-Upon this in fictmeut John b.
Arlington has been arraiguedj and there
upon pleaded not guilty and, for his
trial, bath put himself pom God and his
country, which country you are. so that
your charge is to inquire whether he be
guilty in manner and form as he stands
indicted.
Judge MGufIn, at the suggestion OF
members Of the bar, remarked that it was
now near dark the roop had been
crowded all week the atmosphere was
sitting and unwholesone court, bar,
Jury, witness-eve, ybody was weary with
the weeks fatigue He would, there
fore, say few words of caution to the
Jury and adjourn to 8 a. m on Monday
The jury was cautioned against con-
versing with any one on this subject, or
Of reading newspaper com nenta. They
would be kept together in room. but
should be provided with every comfort.
They might reed books or wEite to their
friends og bVsiEess. They could read
any papers which contained nothing re-
lating to this trial They could not go tc
church. The Constablcs were strictly
charged to sec that they had every thing
to ren Ter them comfortable, at the coun
tvs expense; but to keep them aloof from
contact with the public.
Adjourned.