American citizen. [volume] (Butler, Butler County, Pa.) 1863-1872, 1867-04-10

I
with the high GRIM of homicide ins1il,
into the uiinds Of the community agains
him. He then went on to diseant u per
the evidence at length He spoke OF tht
rudeness and vulgariry of leeple am
Cunningham ofsthe manner in which
they entered the hotel the threats they
made, that they ooald whip any man 10
Portersville or Butler county; their size
both six feet tall and weighing 2OU
pounds. No wonder the landlord, after
he had mildly requested them to be peace
able and quiet, when they made dem.
onstration by throwing off overcoats--re
treated before them to the street No
wonder he put revolver into his pocket
and requested others TO put stones aud
tumblers in theirs He feared that the
secret for which they had been seeking
for the last'two weeks, might be found
in the landlords or Wellers pocket He
traced them Cunningham and Teeple, }
to the Oyster room; the threats used
there that Cunningham said che could
whip that landlord, or any other I'D
lord who had insuited him he traced
him up to Mr.. Pyle's Hotel, where he
famed and made threats; came back to
the party; and alter having assured the
committee that he could and would be>
have IS gentlemen, he gets himself in
troduced to Q lady aud dances. lie is
treated as a gentieman-but does just as
every one does who foists himself unin.
yited upon company-he puts himself
foremost in every thing plays the vic,
I'm, but no one dances to his music goes
into the sitting room aud takes up some
cant expression about New Castlc US an
occasion to commence row. =
Mr.. Mean less discauted very logic
ally from the evidence at large, but which
would occupy too much space to recapit-
ulate. There was not large man at the
party except Teeple aud Cunningham
There were no two men there that Cuu-
ningham copld not La"e knocked their
heads together; there we're none ther, who
we're not frightened except Oliver, Wa.
1t because Ofll ef was aimed that be fear.
lessly ran into the room 7 When Gun
ningham had a ehait raiss1 high over the
hearts Of The crowd, drawn deliberately 10
murder the man on the floor, may it not
have been that Oliver, instead Of laying
his hand on the lett shoalder Of Cup>
ningham laid it little lower-Oetwee
the fifth aud sixth ribs. Strange as it
may seem, Cunningham ceased from that
moment to fight, aud disappeared If
the majesty OF the Common wealth is 10
voked against the prisoner, why is it pot
invoked against John Oliver and Calvin
Weller? They have closed the mouth
OF the defendant, to loose the knot around
their own kneeks. They bring in wit.
ness to prove kpitein defendants hand
but who is The yitnes ?-W eller, an in.
terosted wltiess. His own liberty Vas
at stake. Sidney Oliver is also witness
to pIoye the knife in the haniis q! defena
ant, Sidney Qliyer F,s the least one of
the party and could be better spared from
the fight, and therefore he was employed
to remove the light There cou a 'bklit |
tie doubt, he argued, that there was a
among john Oliver, Calvin
We'll r and Sidney Oliver, to perpet,ate
this deed, He said the Commonwealth
attempted to estab .ish tile theory that the
defendant had a knife, and therefore he
must have committed the stabbiug; aud
for the purpose of establishing this the
'ry they introduced another Yilness to
prove he had knife. But the witness
proved it was not knife but bleeding
tick about sixteen Inches long. To des-
roy this they bring Mrs Oliver with IA |.
tick she had secreted; but this was not
more than ten inches long, and did not
aper as The one did which was dcscri-'
,ed by james Marshall as having been
n the hane of the defendant The Com.
proved that TIE defen liant
no knife with him to the party
They failed in proving by defendants
Tired girl that he got knife when be
vent home to see bis children. They at
empted to prove that he got askniie in
he kitchen, bat signally failed ju that.
The Commonwealth must make out her
ase cleary beyond doubt but she acts
Ip various theories and demolishes every
ne Of them. They must show by the
ircumstances that the crime could not
ave been committed by any other than
he defendant; bu. the circumstances
how that John Oliver could have done I,
:; that Calvin Weller could have done
:; that Sidney Oliver could have done
that. four or five persons about the
eceased could have done II, aud had b
lore proyoeation to do it than the de-
,ndant had But If the killing was in
efence Of life or property IL would be
xousable II man double the strength !,
another had missile in his habd-a
halr--aDd was about to kill him, yuu dre +,
ot to stand by and gee 1t done You +,
ay be excusabie in taking the life 1t f.
le strong man lie eiacidlt'i this D., \
ito at soinc length and cited the Self
dye case. He mentioned that it was
leir duty, althought the jury would not :
3 called on to decide the degrt es IF ]
to explain them. lie cited =,
ithorities. lie made apotber point in {
lying that if homicide occurred id the {
sat Of passiop, by the interference. Of a
Iird party it il only manslaughter.-- a
e cited authorities Therefore, If the :
,tendant did strike the blow while the /
5ht was going on when OhvGi and
Owder were on the floor, and the chair :
as swinging over the beads Of the crowd h