American citizen. [volume] (Butler, Butler County, Pa.) 1863-1872, 1867-04-17

in the first degree, in manner and form
S he stands indicted
CHARGE OF THE COURT.
GENTLEMEN OF TIE JURY I'VE
have now arrived at the point when il
becomes the duty of the Court to sub,
NIT this case, to which you have given
such painful attention during the last
eleven days to the evidence, to you for
your determination and,your verdict ac.
cording to law and the evidence which
has been laid tetore you
To all concerned this case is ofimpoft-
ance To the prisoner it is most certain
" one of vast importance, for his life
hangs on the issue. To society, 1t is of
great importance, because the welfare of
a community depends on the faithful and
careful administration of justice, ana tho
punishment Of Offenders swhen crime is
found to have Teen committed And,
gen t!emen, it is OF no less Importance to
you who are acting 10 the discharge Of a
duty which you have sOlemnly sworn to
perform according 10 the evidence, and
for the manner in which you shall dis
charge that duty in view Of your accoun-
liability to your own consciences and to
God.
lave observed the patience which
YOU bestowed to this long ,rial, and the
attention You have given to tte able and
eloquent arguments Of the counsel of the
parties who have aldrcssed you, and |
,am satisfied thai ycu 'oel thc Importance
Of the case uui the considerations [ have
suggested, aud that you will endeavor 10
do your whole duty.
This case presents facts Of a somewhat
peculiar character. In the midst Of
hilaLiry and scenes of pleasure, two dis
graceful and horrible homicides are cou-
mittcd in the same hotel, within brief
SszAce Of time Two young men, in the
all enjoyment Of health are stricken
down with deadly weapon, and "hurri.
ed hence to the har vi tiol to answer for
the deeds done in the body" This gives
MS another instance to add to our belief
thrt crimes rg the higher character are
On the increase aud an utter disregard
f human lie seems to pervade the com
uunity in which we liga.
You have before you man in middle
liie-with a fond and aifcctionate wife
who eings to him in the hour of his
trial; who are blessed in their union with
six young children dependent upon their
father for their support and education
suddenly lroughtto the bar Of justice
tn answer an accusation of the comhs>
sion OF enc Of the highest crimes known
to the catalogue Of offences. The de-
fel dant John b. Arlington is indicted :,
and before You for trial. for the murder
of one of these tBo men-S Sidney b. Gun
mngham and is charged with having
taken his life IN the night of the 9th of
December last, in the hotel of John OF
icer, situate in the borough of PUrters-
vile, in this county, by means of wounds
inflicted with knife upon his left side,
which produced death. And the Surs
geon who made the examination of the
wounds within short time from their
infiction, testifies that ''upon removing
the clothing Of the deceased, he found
one on the left side of the body just in
side anterior superior spiaous process OF
he Wium;" that the bowels of deceased
protruded from the wound about as large
as his fist that the wound was about one
and half inches in breadth that t c
bowel aeaS not cH ;;that ne replaced the
bowel, and then found another cut high
err up. on the same side. about the same
width, and apparently made with the
same knife. 1t was between the seventh
and eigth ribs, counting the number from
above. He further says it CORES popded
with the ether wound in size; that it
was tour and half inches in an up,
ward and inward direction-penctratin
tho eft lung. That he thdn found the
man in dying condition, with accult
hemorrhagein the chist; that be believed
his death was caused by hemorrhageof the
lung from the upper wound that this upper
w,u NJ, rom its chal acier, would hecessaii
y'be fatal; hat the knife sut through the
coat, vest nd sh ;rt of the de ea e !; thatthe
wounds were. exactly alike in their ex-
tremitics, and would indicate that the
knife had been double edged one The
nature OF fhe instrument usei, gentle
men, is greatly 70 be dedueed from the
wound ltsell aud il is said in cuts or
Stsbs the wound will a.ree with instru-
ment used particularly il inflicted by a
digger or Il kHiie.
lst, Then, gentlemen, it becomes oul
! duty to instruct you ppon the law as ap-
pllcable to this ease7-to present to you
Tor your cousid eration, such positions as
arise upon the evidence adduced aud j
is your duty TO apply The law, as yqt
may receive it ifom the Court, to tht
proof llefore yon as you have beard i
from tho mouths Of the witnesses VIII,
may have testified as well iorthe defend