Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1869-04-06
THE COURTS.

CEIMINAL COURT. Vn1. Hunter,
.hsd0g.- Cosgrovesca case was resumed
Yesterday morning. -Four witnesses for
The State we're introduced and examined.
The substance of the testimony adduced,
is as follows:
d. p Burdat swoTn.-l YVES sent for
and requested to go to MsloDe's house.
Went and found Malone. He expressed
q belief that he would shortly die from
the effects Cf his wound. He then mace
3 declaration which was re5uced 10 Wit
ing. He stated three OF 1our tunes,
4" John Cosgrove shot me-"
Dduid Roach suOrn.-I was present at
the courthouse when Malone was snoI.
Malone and myself were sitting together
on the south side of the cOurte0om, near
the window, when the lawyers had
some disturbance. Malone made some
remark TO Col. Ganttabout Bullock, don't
know what the remark waB. saw Tom.
Winters and Cosgrove approaching from
the direction of the Clerks desk toward
Malone. Malone looked through the
window as though wishing to escape.
He then went down toward the gate as
though he was trying to get q OF the
crowd. About this time Winters and
CosgrOve got over the table, IL, front OF
kUt Ou4kE . bEENhT o6CA
lone was standing between the end o! the
table and the gate when the shot was
hred. Cosgrove and Winters seemed to
be angry, and we're near Malone when
he wac shot. Saw the smoke OF thep is-
toll. Saw Ed. DOlliDg, ami heard MIN
say to Col. Bullock, Have your own
and we'll protect you" Cosgrove had
his right hand in his right pocket. Cos
grove, Winters and Malone were De-
tween the end Of the table and the gate
when the shooting took place.
CrOss-eramined.-Ja Hall was hold
ing court that day. Jack Winters, Costello
and Portland were being examined on the
charge of murder. Cosgrove was stand
ing en- the right side of Malone at the
time the shot was fired. After Malone
was shot he went out into an alley. Did
not see COsgrovs any more that day.
John CORReI suomi wss in the
Court House the day Malone was shot
Il was after dark. The Rss was lit when
the shot was fired. Was st the north
end OF the table, and saw Malone sitting
in a chair. A quarrel then commenced
between CAN'T and Bullock. Malone
made a remark in behalf of GAIT. Bull
lock then said to Malone, "YOu are 81
armed man, but you cannot run ovel
mel Winters said, "Don't let him ruI
over you,D and raised a pistol in hi:
hand. Some one back OF Col. CAN'T criea
out, Fire. Col. CAN'T said, "Do-'
fire.n Malone then jumped over the Ia
Die, as if to escape. Saw COsgrove stand
ing close to Malone. Saw the flash o
the pistol, and saw him drop his hanC
after firing. Malone Immediately ex
claimed, "Oh, Lord God, Cosgrove hsI
shot me.n Knew CssgrOve sometime b.
fore the fuss. Don't know where Win
tiers was when the pistol was fired.
Policeman W. T. Orr sWOrn I was II
the courthouse at the time OF the shoot
ing of Malone; was standing near tn
Judges bench Malone was near tn
gate when the snot was fired saw some
thing like the fash OF q pistol; thel per
son who fred it was near the gate from
the fash, the pistol must have baen Low
down; don't know who fired the shot.
At the close Of this examination, tn
Court adjourned until this morning
when the case will be resumed. Il. b
Horrigan, Esq, VINO has been ably MIN
the position of Attorney General for tn
past three or four weeks, in the sbssnc
OF Attorney General Horne, has bee.
engaged to assist the prosecution.
LAW COURT-Geo. DiIOH. Specie
estSEudy tue CEso Vi OOouiHi
Va. Smell, Taylor & Co., came up befor
the Court for trial, but very little wa
done touching the merits Of the cast
the whole time and attention OF tn
Court being directed to determining to
motions made by counsel relative to tn
efficiency OF the bonds given in the Sam
: This being satisfactorily settled, the de
isndant's counsel then moved the CouI
70 transfer the to the Y aitsd State
District Court. The motion was base
upon 8 recent enactment Of the Generl
; Assembly pending which the Court a.
, journed. To-day the above q s will |
= again brought 10 and disposed OF, to 9
followed by the case of Sssnk VS.. Snel
Taylor d Co. Judge Pierce has been 81
lected to preside over this cause. III
Jury, in the case of State, use, etc, b.
Thomas, admir-, ct al VS. j. r. Moseiy
: 81, returned a verdict to-day for the d.
PENDANTS.
4 MUNICIPAL COURT-GeO. W. WGtdro
Judge.-NO Court yesterday. To-day.
the tirst day OF the April term. The
will be sn informal cali OF the dOckt
AMI in al appealed cases the judgme
q of the Court below will be aflrme
It where no attorneys Dsme appears
the docket. g arnishees will also be
quirej to answer to-day.