The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1867-01-17
LEGAL INTELLIGENCE.

LE1AL INIELhAIE EhGE,
Court OF Quart.r s.snons-Judae PeIros-
Tue case Ol Commonwealth Stevenson Walker,
DAVIS and Farson, has at length been concluded.
guilty imposing the costs uDou the defendants
Court of Oyer and Terminer- Judgea
PeTce aud BreWster.-William n Mann n n
Dwight, Esqs., Prosecuting Attorneys TINS morn.
ing the trial OF homioioe cases was taken up. Ths
first case called was that OF The Common wealth ca
Frederick Pau, who is charged with the boml loida
of John Maloney, on the 9th Of January, Isss. AT
the National Guards Halt on Race street ' "
Mr. DwlPht, making few preiiminarv rems,E.
concerning the law as applicable to cases of murdsr
and manslaughter and PRESSING only for verdict
of mansaught proceeded TO detail the followjSS
facts as expected to be presented Late in the n,Sbt
OF January &C. early on the 9th, there was hall
AT the National Guards Hall at which the deiendsnt
was present Paul wa eating oysters at one of tho
adjoining saooks wnen P snrsG ~ men came m One OF
objec ed TO bv the latter, who said, 'It Is ]; you
need not look at me in that way "
From this angry words arose, and the man caught
Pau bv the throat and was seized by the har
This aifrav stopped Again II was begun, and
upon being interrupted a second time, all parties
went INTO the street. Then alb parties seemed 70
have been engaged IN a general fight. Paul drew a
pistol and fred, the ball striking MalOneY, and
Thomas German, upon being called. testified to
the identity of the body of the deceased he having
assisted in taking it to the Cherry Street Station
House.
was on duty at the Station House when the UOdy
was brought there on the morning of January n.
No other body was brought there that day. Witness
Miss Margaret Maloney-I am sister OF the de-
ceased; alter he was shot saw him at the Cherry
i'm the back part of the Station House; it was be-.
tween and 8 O'Clock on the morning of Jan q
DR.. Shap eight was late COrOner's physician;
made q post-mortem examination upon the bOdV
of John MalOneY, on the morning of January 2T,
aS%sed 6SSS sp SunSot Wound Just below The ipner
edge Of the lett eyebrow; discovered marks from
/ discovered a bIuiso upon the wrist, as IL from
ball II was the right wrist; the ball passed along
the eye.ball' on an upper h surface through tho
the root part ofthe cavity that contains the eve ball
the bail then passed through the left hem sphere OF
! the brain ana was found Immediately opposite in
the back part Of the head, near the OcciDIta bone
the latter was not larger than buckshOt JOhH
| Maloney came to his death in consequence of this
| gunehOt wound in the head.
Cross examined-The abrasion on the wrist may
have been caused by anything else than a ball. It
might nave been caused by finger nail; the marks
| of gunpowder would indicate that the person who
| shot must have been near the deceased.
Francis Schrber--l live at No, 3l8 Cherry street;
remember this occurrence; knew Malonev L
never saw defendant before that nieht; saw MIN
Opposite the National Guards Hall; he was then
eating oy sters with a friend OF his when went IN
| was vii two other friends.
| we sat down and smoked a cigar; then three
Others, whom do not know. came in Paul stepped
out from where ne was sitting and one Of the three
| men looked at him pretty hard; Pau said you
need not look 80 hard me; after that they had
! some words and quarreled; do not remember what
said; the smaller one OF the party caught Paul
| bv the neck, and the other two took him away;
didn't strike believe Pau said then he could
whip any one OF them, and would bot fifty dollars
II; il they would fix the place they could have tho
fGht OUT Oh of the party saId there no in
| talking 10 him. because he wasn't worth It, as he
had htle brother at home who could whip him /;
Paul, think said he didn't want any words with
him.
One of them picked up bottle from the bar and
made a strike at Paul; Mr. Cawson took the bO tie
away saying he wouldn't have fighunR 10 his house ;
before these parties lett. Paul SAID If he ere ss
minded none Of them could whip him; the three
then went out; of them stepped up to the other
and whispered something; | suppose thev went t1
the bal room. but did not see them 90 there; did
not see them after that; when Paul had fnshed his
oysters and his friends went awaV; but whore l
do not know; afterwards saw hum when he was
arrested at the ballroom.
Crossexamined-I think it was about one O'cioc K
when l went TO ClawsSn,s; the ball was given by
been to the ball; il after the affair with the bot
ties that one of the three whispered something to
Thomas German recaed-I live at No As Beck
street; remember this occurrence; | went to the
ball on the night ofthe 26th; with Donellv, SteNe.
and BaVmOre was up in the bah room about 10
O'Clock: in consequence of something said 10
went down; saw Paul and crowd moro in the
entry; Pau was coming in the door, and had some
thing IN his hand either pistol or revolver and ha
fred Il Maloney, VINO was at my right te Ma
loney was about step from me; Paul pulled tina
five or SIX feet from MaoneY when hs
fred; nobody else fired there, Maloney waa
doing nothing; Maloney came down stairs behiud
me; we picked Maloney up, ana took him TO the
Pennsylvania Hospital the doctor said he was dead
Crossexamined-i lad not seen Paul before
went down to the entry was not one OF the party
| who attacked him: I was sober; do not know what
was done TO Paul before that; there were about
thirty persons in the entrY IL 10 the main entrancs
80 the ballroom; Ciawson'S iS tust opposite; whom
hrst saw Paul he pushing his way into the entry
he had NO pistOl in his hand when he first came in
l don't see why he pulled his pistol; saw no ORo
do anything to him; knew only two in the crowd
they were not friends of Paul; did not hear Pau
say anything.