Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1869-04-07
TRE COURTS.

beard Malone say that ne IVES satisfied
that he was going TO die. Malone then
informed witness that John Cosgrove
shot him.
Gross. Examined john Larkin ives
present when Mslone's dying declara-
lion were taken the declaration were
reduced to writing thinks Malone signed
il. Burdett and another man witnessed
the declaration.
DR.. Ffasber sworn Am 8 physician;
have ~practiced medicine for thirty
yeGrs; attended Malone In his last III
meas in the opinion Of witness Malons's
death vss caused by q gun shot or pistol
shot wound Inflicted on the right side.
Cross Examined : ChlorofOrm and NOR
prime we're administered to Malone cid
not talk but little to Malone it seemed
TO increase his suffering to talk Ire
Q1sntIy his mind was wayeripg.
Here the State closed its testimony
in chief.
Gen. John F. Sale: I was one Of the at
torneys prosecuting JOhn Winters and
others on charge Of murder, ia the Grim
insl COUr: house, at the time Malone was
shot. Tie difficulty arose cut of some
dispute between Col. CAN'T and Col. Bull
lock. Malone made some remeTk in be-
hall Of CAN'T. Saw TOM Winters com
lDS IICAA tlC E~4sL A1AO u VIC NCA@N
room, approaching Malone. Did not see
C%osgrove at the tiuae-did not then
know him. Col. John Bullock was in
the courthouse at the time Malone was
shot. The difficulty commenced be-
tween Col. CAN'T and witness in regard
TO some authority tbst Col. Gsntt was
reading ~ the closing argument for the
State. Witness claimed the right
OF replying to tbs same. Ma
lone Wgs sitting close TO witness
and smoke to him II relation to the re-
marks he hsd made to CAN'T. Witness
told Malone that bs was an armed man
and came to bully the case through, but
that he could not do e. CosgrOve ana
Tom Winters came up to bim-WinteFs
had q revolver ~drawn-they came to de-
fsnd him rom Malone; saw Malone 10
the act Of crossing the table; do not know
where Coegrove stood at the instant the
shot was fired; witness had borrowed
Cosgrove's pistol q short time before the
shot was fired, as he feared trouble with
Malone or his friends.
Cross -eTGmtned.-Do you khoW who
fred the shot that killed Malone?
A. 1 know some facts; saw Pst Dolan
on the night that Malone was shot saw
the sleeve Of his lett arm wa burnt from
powder.
Col. Geo. Gantt's evidence was sub
stsntially the same as that Of Col. Sale.
D. Il. McFall wss sc the courthouse 81
the time Malone was shot; was there IS
a guard Of the prisoners on trial. Par
Doian was standing clOse to witness
ssw D1lan shoot Malone with a pistol ;
he heid q hand owe the other when ne
fred at Malone.
Cross e1dmined.-Did not tell any Of
the officers Of the Law who it was That
killed Malone. Cosgrove wss arrested
for the murder Of Malone. D0lan Wss
a guard st the jail Dolan guarded Gus
grove by night aud witness by day re-
used to tell who it was that killed Ma
lone until sent to jail for refusing 30 to
do had attended school and Church, and
knew tina it was his duty to tell who the
murderer was do not know why he re-
fused to do SOL vas not very friendly TO
Dolsn.
Court adj burned until this morning.
MUNICIPAL CoURT-GeO. ". Ra5dTdsI,
JN3ce.-This Court ~eonVeuea yesterday
and proceeded win the business Of the
April term. The docket was Informally
called, and some few appealed cases from
msgistrsgesi courts were dismissed. l.
eases-H0s. 2249, 2Z49, 2s50, 2&5l, z252,
2253, 2254 2255, 2256. 2257 and ESQ, ap
! D1aaGA sACEA LGG N-LOAAIH AGAAE . LAAE
Judgments below were affirmed GsFni-
shses in Mes. 1897, 2s74 and 1890 answer
ed sad were discharged. The following
Is the calendar for to-day:
1925 Vance VS. Hum & CO.
1851 Leonard VS. Williamson.
1852 Wright ct al. vs. Mayor snd Alder
men Of Memphis.
1865 Taylor W E56nan OF e..
1854 O'Niel vs. Russell.
I 1899 Houston VS. G~haabeF7.
1857 Convers VS. SstoFe.
1858 Gordins d Martin VS. Ghost 4 Co.
1889 Uirich, Bush & Co. VS. Y Fieful ct al.
1850 German Nat. Back vs. White,
1851 Thompson, sdm'r, VS. Eaton,
1852 Louisville Cement Co, vs. Jones.
1868 Heusehsn 4 kits VS. Lawrence.
1868 Bsthue VS. Eakin ct al.
1865 Shaw vs. Tayl1r.
1861 Connolly We Mccain.
1858 Moss Us Hartley.
lGsO Haekett ct al. vs Trousky.
I Law COURT-Geo. DiroR, Special
Judge.-The motion msde in this Court
on MOndsy relative to the propriety of
transferring the case Of Sesnlsn VS..
Shell, Taylor & Co., to the United States
District Court, cams up sgain yesterday
morning.
1At nIkuLlSLL Vi C0uUSGA III Kris LHAt-
ter engaged b Court the greater portion
Of the day. Upon being concluded, the
Court held the motion sustained, and
ordered the cause to be forwarded to the
District Court OF tbs United States for
enrolment.
No other business disposed of.
To-day the case Of Frank ys. Smell,
Taylor & Co. will come Up for trial, over
which Judge Pierce will preside.
A special jury has been summoned for
this Gauss.
Supreme CoaFf OFTennessee. al Browns
viIle-SPecfal Term, april. 1859.
The term viii begin on the 9Th day Of
April, 1859. The first call Of the docket
will be peremptOry. The docket will be
called in the following order
!. The unfinished business on the Law
and Equity dockets Of the Twelfth Cir
cult.
2. The unfinished business on the
Memphis Law ard Municipal dOckets.
8. The unfinished business on the
Memphis Chaneery docket,
4. The business OF ths ether circuits, as
heretofore, to-wit: Thirteenth, Twelfth
Sixteenth, Fourteenth and Fifteenth Cir
cults, in the order in which they sre
stated.
5 The Memphis, Municipal, Law and
Equity dcckets, as they have heretofore
stood.
Counsel are expected 10 obseTve strictly
the rules of practice. especially the rule
requiring u general outline OF the facts q
the case, and the rule requiring q coneiss
statement Of the several propositions oi
law supposed to be involved in the case,
and spending to each proposition the
, authorities relied on for its support.
By order of the Court.
JOHN l. BROWN, Clerk.
! LARGE lot OF Linens and Cottonsdes
, at NJ. Kraus & Co.'s, 2lS Main street.
orner Of Adams.
GENUINE British hslt hose, S7ks; fine
full-bosom shirts, 81 90. Great bargains
in Cents Clothing, Boots, Shoes and
! II T--..lI.n 4 D. Oe1