New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1873-10-29
4 MURDEROUS ASSAULT IN COURT

THREE SONS ATTEMPT TO REVENGE THEIR FATHERS
DEATH-ATTEMPT TO KILL PRISONER IN THE
DOCK.
PHILADELPHIA, Oct 29.-Whie Judges Pax
and Ludlow were the bench in the Oyer and
Terminer Court today a striking episode took place.
The trial that iof James Kngsmil charged
with the murder OF Francis Malone James l.. Neyern
addressing the jury the part OF the Defense and
urging with fair show Of success that bis client had
struck the fatal blow in self defense. The prisoner
likely TO be acquitted OF tho charge OF man
slaughter tho minor oense for which alone the Com
mOnwcalth pressing and sitting in the inclosed
dock with satisfied expression on his face, when a
young to pass UP the main aisle which IS
closed by tho back OF tho dock and opens into tho
space occupied by the lawyers and jury The stranger
stood against the railing OF the gateway, and IL was
thought by obseryant Juror that his fixed and vim
dctiyo gaze at the prisoner who sat little distance
or, h3d more significance in 1t than that Of mere
ookeron. lie called tho attention Of one Of tho officers
Of tho court to the man. The tpsaff addressed the
usual questions 70 tho stranger as 20 whether
he Juror member OF the
bar. and the reply being In tho negative
told him be must so back and take his seat go out
Refusing the officer climbed down out Of his seat by the
a0S 6 o' oed b I gs,e Win sl S 10 IN
bound and vicious push the young man sprang past
tho oca through me gate, 13snea rounu 20 te ran od
tne DOCK ahu' WIN d yen OF rage gfaslcu the
prisoner, who had his back 70 him, by
lno collar WIN one manu- ana Wltn Iub Okhcf
whipped ont Misunderstanding dagger from his bosom,
and made terrible lunge with It az his wouldbe
victims throat. His rage was 50 great however that
the swift blow struck wide OF It's mark, and
expended itself In the air. He had thrown
the whole force Of his strength tUto tho at
tempt and before he could recover for a second
blOY, second officer seized hi5 appraised arm and with
the assistance of other tip forced the murdcrOu5
assailiut away stn kicking aud struggling with tho
strength aud yciOusness OF mailman. The prisoner
sprang terrified over tho railing Of his dock and
cOuched trembling under the judges desk Mean
while the iniuriated assailant engaged In fearful
struggle with the officers, brandshng his weapon and
srekug impreCatOns and threats at the poor prisoner
While the struggle going on, another young man
TO come and join IN 1t against the officers
and take the knife audit then lost sight Of
lie TOO was arrested as was thlrd man VINO had made
a demonstration.
The most intense excitement prevailed In the court
room, which crowded TO by those interested
In the pending murder trials and all IN confusion
the Judges voices trying 10 restore order were unheede1
Inquiry brought ont the facts that the three men ar
rested of the deceased, for whose murder the
prisoner was Oh trial. John, Henry, and Francs
Malone were their names. John was the wleider Oh the
dagger, Henry snatChed the weapon away, anu
Francis concealed It.. Commitments were made out
and tho three brothers sent TO the county prison
The motive for all Dis arises IN the revenge ielb bY the
three sons Of the deceased against the alleged
murderer for whom his counsel It was plain % DC seen,
about 10 secure IN acqutta as sue result OF Jhe
trial subsequently proved. ~
The jury subsequently brought In a verdict Of Not
Gully" The whole Malone family are fighting men,
many years ago. Tor the crime OF murder IN the second
degree. Tho acquitted man was 50 alarmed by The
threats made against him that Inc asked 10 be sent 10