American citizen. [volume] (Butler, Butler County, Pa.) 1863-1872, 1867-03-27

JOHN B. ARLINGTON
PoR THE MURDER OF
Sidney B. Cunningham
CoAMoNwEALTH Indicted
j. b. ARLINGTON, } Homiei de.
49, THURSDAY, March IA
AFTERNOON SESSION.

over and answered to their names.
James NJ. Marshall, re called. Heard
Arlington say he supposed they would
all be arrested-hiwself among the iest;
that they would have lodgings IN. the
stone house; he said he was known as a
lighting man, and supposed be would be
arrested with the crowd, although he Was
not in the room this was soon airer the
iury had assembled in the sitting room !;
the conversation occurred in the bar
room don't know that he was address
ing himself to me, but to others that
were in the room--to all; Henry Ruw,
der was present. and there were Others !;
think Sidney Oliver was present. | made
no reply to Adlin gton he said good
deal, but don't remember all he said I;
don't know that l could give the exact
words he said, although he was not in
the room, bat being known as fighting
man, he supposed he would be arrested
With the rest; if he was single ma
like Henry Bowder, he wouldn't care
damn-but he had wife and six chill
dren he went on to tell story printed
in the Ledger he had the copies OF it
said it was an interesting story 1t was
entitled changing the Wrong Man
He was telling it to Henry Bowder more
than to any one else he told Sidney Ol'
liver he vas going home-if anything
happened, to come after him told him
on Which window to rap; next time he
told him if he SHOULD be wanted, t. come
after him he told him two or three
times Pe then left, Tut returned in a
short time; believe heard him tell
Henry Bowler that Sidney was going to
swear that he had seen him with knife /;
this was in the bar-room; am not certslD
whether this conversation was before ne
went away or after he came back; heard
Sidney Oliver tell him that be should
haTs 20 swear that he thought he saw
him have a knife; don't know what Adj
l:ngton's reply Was; defendant told it to
Bowder some time afterwards could Mt
say how long; he WIS not absent more
than half au hour; think it was not long
after that TIL he was called by the jury;
think Arlington was called before Sid
uey Oliver; think | was called before
Siluey Oliver, aud Adlingron was called
bei1re was; think We had no direct con
yersation that night; have no knowledge
that the defendant had any weapon, ex>
cept the stick that have mentionedj |
ncverss knew Of his carrying weapon
previous to this time; have no knowl
edge of hoy Cunningham aud "eeple re
ceived theu wounds.
Gross-eron,iaed Il got into the room
Just before Oliver came in, at the time
of the fight; saw Ieeple before Oliver
got struck standing in the south wes
corner of the room, west of me, to the
rear end left hand OF Nuunu2 2hamj he
Was about six feet from HIM think ls
ad alced little and then teIl back; first
saw OF Bowder was when he struck
Kmker; sIw some person take hold o.
. Fred Bowler; think it was Henry Bow
der; saw Sidney Oliver going our wlth
the lamp; think | saw some one strike
Sidney Oliver as he was going out w.1h
the lamp; could not say when II Was that
| was Knocked back into The chalij there
was crowd arouud the north rom door;
it was about the time John Oliver Was
hit that | saw Arlington in the door
think it was ut the tune | S at the Ia
bile near the center OF the rom, that |
saw Arlington; when he struck Kirk.r,
Bowder was between me aud the north
room door, and in front of it; have no
recollection of seeing Calvin Weller as
sist in taking Fred Bowder out Of the
room; stood seven or eight feet from
the north door; the room is l4xi5, |
think; think there was u light in the
room; the north door was open during
the fight; there was FIRE; don't recollect
that there was any other light; ! could
see Arlington; there were persons in the
north room looking at the fght-standiug 9
around the door; saw him have the bleed
ing stick and strike down with it think
il hit some enc showed wlih cane,
the manner of the stroke There was a
crowd around the north room door in the
rear of Arlington; he was standing just
on the inside of the door; did not hear
him say anything; saw him and the stick
.distictly; was looking on--was not in
the fight; saw that stick on two previous
occasions; believe it was that stick, or one
just exactly like it; think it vas sixteen
inches long and one aud a-half in diam'
eter-taperinc; saw it in the hand Of
John Oliver, on his pavement; had it in
my hand previous to this hghG Oliver
said it would be good thing in row;
saw the defendant have it on the pave
,msnt near the old saw-milI lot; there
were number of persons there; Aiding
ton had it in mis- sleeve and showed it tc
me; we were all going down TO throw Ii
quor out of mans house, who was sell
ing without license. The witness named
who were along; they had no warrant
some had canes; Adam Weimer, High
. Constable of the borough, was along bu
he backed out; we went on, and the mar
agreed to close up the next day. it wal
last fall some time; don't know wher'
this bleeding sti X was kept, nor wher'
Arlington & q it; it was the same one OIL
one exactly 4 ks it; it was the same on'