The sun., 1872-05-24
TIE EATAL PRIZE EIGNT.
Patrick Malone Again in Court-COntinucd
Absence of the Principal Witucss- The

Patrick Malone Again in Court-COntinucd
Absence of the Principal Witness The
Prisoner DISCHARGED.
Yesterday the case OF Patrick Malone,
indicted for mansaughtcr, was on the calendar
of the General Sessions for perhaps the twenty
nfth time. On every former occasion as on this,
Mr.. VIM. +. KNITTING, counsel for Malone, has
insisted upon trial and the Assistant District
Attorney has announced that he was not ready,
by reason Of the failure to procure the attend
tpSg d iie !tiol1lt Htlgsss. L-p.i5 Il &c tis. ,tt
wa Is, Platt. In his testimony at tho inquest
held by Coroner p. II. keenan, Platt said he
lived at O' second avenue, and that he was q
watchman at ." the foot of East Thirty-secUnd
street Since then he has been beyond the
reach OF the subpoena clerks Of the District At
torney's ONCE and Of the police. The facts Of
the homicide, as developed at the inquest held
by Coroner Keenan,, are substantially as follows
Patrick Malone and Thomas O'Counor boarded
with Michael Crowley at 3!9 East 1hrty-fourth
street, on the night Of October ., last, they
quarrelled, about what Is not known, but the
question at issue finally was as to who was the
best man. This they agreed to settle by hght
agreement they started out early on the morn
ing the 10Th. accompanied by witnesses whose
names were not ascertained. and went down to
the foot of East Thirty-fourth street. There
tney stripped to the waist, taking OF even their
shirts, and shook hands In true p. X. style.
Then they squared OF, and the combat began
O'Connor stopped and grabbed for Malone's legs.
Malone jumped aside, and caught his antagonist
with his back toward Malone, his feet were
knocked from under him, and he was thrown on
his head
The witness Platt, who cannot now he found,
swote that while OConnor was thus PROSTATE,
Malone kicked him twice, but this testimony
was not corroborated by John Walsh a boarder
I'm the same house, who was fastening to the
scene to prevent the nght nor by Mr.. Crow ey,
the keeper Of the house, who was with Walsh.
All agreed, however, that OConnor, after his
head struck the pavement, cried out that his
neck was ont OF Joint, and asked to have his
head pulled to put IL In joint. In compliance
with this request, Malone took hold OF O'Cun-
nOrs shoulders aud another unknown man OF
his head, auI some pulling was done. As
OConnur seemed to be rapidly dying under this
rough surgCri one OF the witnesses ran or for n
surgeon, and Nr. Plat went for the police. A
policeman was found, and with such assistance
A. he could get, the dying man was taken 10
Bellevue liu-t -tital, where he soon expired.
The inqu Il was not held until Oct. -, and
while the jury rendered a verdict against Patrick
Malone, Coroner Keenan, did not think IL neces-
sarY to have a pgst-mOftcm examination, nor to
provide any medical testimony as to the cause OF
death.
In response to the motion Of Mr.. Knitting yes
terday for the discharge of Malone ON his own
lows said that the repeated failures Of the ON
GERS to find the principal witness for the prose-
cutiun, and the absence Of any trustworthy tes-
tifd0ny as 20 trr -a,fyU cT A-tsr Yst u 0s ~ 4s
power to oppose the motion. The prisoners =
bail sureties were thereupon released, and hc
was discharged.
O'Connor aud Malone were about % years Of
age, and are said to have been friends up 10 the
naf a