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

it would have split the rib; have the
rib with me in Court. Ii was taxed cut
at the post mortcm examination.
Mr. Thompson objested-to the ques-
/ tion whether this wound produced death
as incompetent, irrelatiye, and no part of
the res gesta.
Court overruled the objection, and no.
ted an exception.
Witness resumed.-I think the wound
described necessarily mortal; he died of
hemorrhage Of that wound the bleeding
was internal there were some woun Is
on the head OF Mr.. Teeple-cuts and
bruises; they were above the forehead !;
on the crown oil the head and on the fore
head--his head was cut and bruised e
good deal; they were not serious; no
breaking OF the skull the patient did
not complain of them he only complain
ed of those on the left side Of the chest.
lie died the dag before New Years I. lst
of December was the date. Mr.. Ad-
lingtou assisted in bringing Mr.. Gun.
ningham into the room; also Teeplc;
helped to take of his coat and vest there
was nothing particular in his conduct; I;
there was nothing strange / enquircd
of Cunningham and Teeple how they
come to be hurt they did not know how
or who hurt them Cunningham shook
his head Toeplc said he did not know
he was stabbed.
Objected to by Mr.. THOMPSON.
Mr.. MJunkin proposed to ask the wit
mes what Teeple said in relation to who
injured him--this being part of the res
gssta at the time of fuss He was di-
rscted to put this proposition in writing,
and done so.
Mr. Thompson objected in writing; be
cause they are erporte, and not dying
declarations, and no part of the res gcstoi
and could only be legal in the trial of til :
other indictment.
Objections overluled and exception 10
ted.
by the Court-The inquiry was made
in the room spoken of Cunningham
was lying on the floor, and Teeple was
on the settee where | made tie inquiry /;
The defendant was present.
Witness resumed in answer to Prose
cutor's Attoruey-Mr. Teeple said he did
not know how nor from whom he recev.
ed the wound; after having been first
struck he was so stunned that lie knew
very little what occurred after that. lie
could not tell whether he struck first or
not, but thought he was struck first, bat
was not sure of it; he said that before
the fight began he and Cunningham ware
sitting together before the fire Gun.
ningham on the right next the door Of
the north room,-some sandy complec-
toned man said something in which the
word New Castle occurred that then,
Immediately the fight began Cuuriug
ham jumped up and said something about
his bling supposed to represent New Gas
Gle; that if he wanted anything with
New Castle to show his hand; he was
about ten feet off him l told him Cun>
ningham was dying he asked if that was
so, and exhibited good deal of feeling /;
think / told him Cunningham was dying
before he made this statement to me-
This was the substance Of thc CONVERSE
ton.
BY the Court I'll think / had not told
Teeple yet of his danger; he was reviv
ing, at this time.
Direct told Teeple about s clock
that day that he vas in a dangerous con
dition made post mortent cxan,ina-
ton of Cunningham, but did not discov,
er anything different from what hes been
stated. This occurred at Portersvile
in Butler county.
Cross>cxamined-I was there all the
time, sfter | came there till 8 o'clock the
next morning, in the room Siducy Oil
Aer, VIM. Krker, Calvin Weller and my
self, went from my Office togethsr to Mr.
divers House; sleep down stairs !;
think lit the candle, went into the Of
fee aud got my case OF instruments; l
was undressed and in bed when they
came for me /; l think We stated in Ave
minutes after they came; Oliver said they
had had fuss over there and some Of
them were nearly killed. John was bad
ly hurt. Sidney Oliver said this. was
Sleeping next the window; | went over
froui tha: call; hesitated about going
thinking it "a fsss about which they would
ask my mediation7-apd then he said
sume we're nearly killed. 1t was bright
moonlight; | made but casual e2amin,
alton af that tune of Cunningham it
was 10 the parlor | asked him if he knew
he was dying; not more than three min
utes before | went up stairs think john
Jones went up with . lantern; Mrs Al.
lington was washing his face; Arlington
| think was also there, at the time /
think he was assisting to wash Oliver /;
think l told them to wash his head and
face was not in that room more than one
minute; went below; 45 minutes alto
gether was there Cunningham died
about 80 minutes after ! had asked who
his him; l live not more than about
so feet from the Hall door of the Oliver
House; there was light; q coal sre 10
the CRATE and candle Arlington and
John Jones assisted in disrobing Gun
ningham it might no: be more than 10
minutes from the time he was brought
into the parlor, before | asked him how
he was hurt; think he died in about 80
minutes afterwards; think it war lit
tie before midnight when l was called /
think he died little before one o clock