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

/ ana chllQTen-na8 I'VE OF sfx ciiiiefoh~
/ the Oldest must be about twelve or thir
teen wears old, aud the youngest about
] one year old / knew him all that time
he has been in tie army twice; he was
out once nine month Il think once 8
months; during this time / did not see
4 him be is carpenter and cigar maker
told him he lad struck Oliver; he told
me TO let 20 the chair-to let him have
It a u, mute; Marshs II aud took ii from
him it was not over TWO minutes from
the time Weller was taking his coat of,
uii Oliver was fighting with Teeple /; he
had not got his coat off yet when was
passing him, as he struck me in the face
with il in pulling it off; this is why l
noticed il particularly. -,
In chief. Fl lived with DIR. Gowdsn at
the tune of the fass; Mrs. Burnside is
my mother. sEEK s-SFTg
The Commonwealth proposes 10 show
the opportunities the witness had Of
knowing the defendant, and for this pur,
pose, asking him about his1elations--he he
having answered question by defend
ants counsel, as to family of defendant.
The defendants counsel objeet--that
ii is not competent it IS immaterial who
the defendant is related to; they cannot
show an alleged bias on the part Of the
witness.
Court overruled the objection aud no.
ted an exception.
\ Witness Resumed SAMUEL Burnside
is the husband Of my mother live in
Portcrsyiile; the prosecution subpenaed
me, nE NH1
James Marshall s,oorn.-I was at the
house of John Oliver on the night Of this
difficulty, early in the evening. | was
standing on the pavement, when these
men first came. with Henry Bowder; this
was about seven or eight O'Clock. | did
not know them at the time. Iatterwards
ascertained that it was Cunningham and
Teeple They went into the bar-room.
John Oliver called me to him, said these
men were acting disorderly, and he sup
posed he would have to put them out; told
me to get couple OF stones and put
them into my pocket thought he would
be able for Cunningham: but did not
want them both to pile on him at once /;
wanted me to keep 'recple'off Soon af>
ter Calvin w eler came into The bar-room
aud he and Oliver went to the desk, and
Oliver gave Weller a revolver saw he
desk orened; thiuk Weller asked for the
revolver believe Weller put itriueo his
poeket Oliver went t. tn back Of the
hall and GOT bJot,jack--a wooden nuo;
then Joha Oliver, Weller, aud myself
wens to the sitting room door, and Oliver
told them their oysters were ready; they
came out an1 went into the dining room;
went back ipto the bar-room; think
Oliver aud Weller did 50, also wheo
Oliver opened the door to tell them their
oysters we're ready, heard Cunningham
say he could whip anything in Butler
county; said 50 several times; he was
tearing aroun au1 acting in disorderly
manner--thcy went into the hJuse on u
ruu; both were acting disordcrly. went
home then for sapper. | WAS IN the hall
when Bowder brought Teeple out, and
told him he had better take Cunninghanl
outs for walk. lie did so. and they
started out 1t was after that that Wei,
Ter wont with me TO supper. Weller and
his wife, and myself then came back -
About thu time the Fl hit came on, was
IN the bay-room. CARLISLE Bad Ger, James
Porter ana an old man named Rntter were
With me; heard the racket in the sitting
loom jumpel UP and went, in; was
about the centre OF the room on the east
side. John Oliver crowded through the
thyong around the north door, aud held
his hand out This way1 toward Cunning..
ham. believe Cunningham knocked
him down Saw Arlington in the north
door with something in his hand |
thought it was round stick about l6
inches long, and an inch and uarter
thick; thcughtit was stick Oliver used
to knock his lance into horse; it had a
head on the large end Adliugton had
the small eud ia his hand. lthink he
struck some one he brought it down
this way, describing the motion1 di
not see who he struck there were per>
sons between me and MIN; saw Cunning.
ham any left, close beside nc. We
were probably little north of the centre
Of the room, between the two doors. -
Cunningham was just about the center
OF the room; Arlington was close to he
door. | think the blow hit s1me one
standing heard no sound from the blow;
Cunningham was come six feet FROM Ad-
lington. Oliver was on the floor, some
two or three feet from Arlington; think
/ saw no enc strike Oliver when he was
on the floor. The next thing | saw was
Arlington on the left OF Cunningham
NV attention was then drawn toward Oh
iver, and when j looked again, he was
gone. Arlington was two or three feet
from Cunningham at this particular time;
saw neither of them moving hand or loot
/ suppose he was near enough to have bin
Gansing CHAM, Z He was facing Cunning-
HAMS left side He was nearly ia line
with Cunningham Idonst know how he
held his hands. There were DO nsfsons
between me aud them at that time. I
heard nothing said oy either of them -
l think my attention was drawn to OH,
yer, or Buwder, ut the other corner of
the room, aud in short time---a few sec
onds-I lo0ked around, aud Arlington
and Cunningham we're gone, DIVERS
/ head was toward the doersof the aorlh
room. There might have be,n time to