The Leavenworth weekly times. [volume] (Leavenworth, Kan.) 1870-1880, 1878-12-12

, day, OF the words which passed between
Malone and NulIane lie knew nothing of
his own personal knowledge Of the stab
bing.
CLARK BYREs' TEsTrIoNY.
Clark Byrns, the proprietor OF the house
IN which the ARRAY occurred, said he saw
Malone and Mullane about to have some
words, when he took Patsy by the arm and
led him out saving, This won't do 10
have any fuss here" Mullane replied
won't have any fuss in your house" TOLD
Mullane to 60 away from there, and he
started of down the stairway. | went about
my business and thought there would be no
trouble. About a minute after Malone
started off, and when he got TO the head Of
the stairs | saw squad gathered together
and i rushed out and saw Malone and Mul-
lane clinched. | pulled Malone back and
he said " am cut" Mullane then rushed
down stairs and Malone after him. Imme-
mediately after heard the report of a pis
| tol. Then next Mullane came running I'M
through my house bareheaded and looking
around "a If he expected some one was after
him. lie seemed to be excited Am salts
fed Mullane had the knife when he went
out, and had il secreted on his person. The
knife belonged 10 me, but did not know il |
had been taken. 1t was about ll:3O when
the fuss occurred. |
THE WOUND.
DIR. Samuel Phillips stated that he saw
Malone between ii and II o'clock on Sat-
urday night at his saloon. Upon examin-
ing him, found wound OH the abdomen
to the right and below the navel 1t was a
penetrating one, an inch wide. | did not
probe it as ! considered it unnecessary. 1t
was such wound as the knife shown
would produce. There were no entrails
protruding, and therefore We could not saw
at the time that they had been cut. | at
tended him, and saw him last alive at 6
O'Clock Sunday evening. From the symp-
toms | was positive that the intestines had
been cut and that he was bound to die. 1t
was the wound in the abdomen, in my opin-
ion. that causd his death
DIR. Phillips testimony was corroborated
by Or. NJ. ; Thomas.
SIX. THoMPsON's STATEMENT
:. X. Thompson testified that he noticed
Nullane in lark byrns' room walking
about in 4 very nervous manner. and that
he came several times near the chair In
which Malone was sitting. | noticed that
MuIIan. had something IN his pocket, up
his sleeve. Nothing passed between Ma
lone and Mullanr al that time saw
Mullanr being taken out by Mr. BvrnS,
and heard Mullane say, DO you suppose
am going To allow any dirty s-n Uf a b-h
To talk 10 HE like thai the d dirty |
: of "a b-h' MJllane started down
stairs but came bdck 10 the head Of the |
stairs and called one Of the ATTACHES OF the
house out 10 The door and eng ,ged him in |
~ouv-r~ uian noticed that Nullane was
under %, iuflIenc- - drink Malone
fa.-~-d ".s aud when ue -rt Oh" he head ut
tne stairs h~ grapned Ng!iaue 10y the
tnrurJ. Heard som. words but DO mol
know "no ok. Saw Mu!ianv make d
backward runIion al hi- hulig and Jaw
Malone draw his revolver after the scuifle
and remark, Il am cut"
THE SONS TESTIMONY.
John Malone, son Of the deceased, said
on Saturday night that Cumming ham, Joe
Fling, Tom Medley and I were standing in
the bar r"um about 1l:3O. Heard some :
body coming down the s,airs Leading up To
Buru-' rooms and said 10 Cunningham,
There's fuss Barney ran ouI anu |
followed him. He had Muilane by the col ,
lar, when nay father shouted out. Look | ,
Out ne SDl Il MulIaDt /
said ''Ies Cd d-n him. | cut him"
Mullane then swung around lehind -ar-
ney's back ! waS stepping towards him. i
Then heard shot fired and | saw a man | ,
falling between two dry goods boxes and
| said, Here he is" when the man who :
was shot said, ats me, Johnny" said TO ,
iather, Hold on, you have shot the wrong
man." | then tried to persuade father to
give me his pistol and walked him into the /
saloon. He sat down and went TO the [
ioor and saw Barney looking for Mullane. i
then went for the doctor and took care of
ather and took him home Was with him I
most OF the time after the wourding q
He was rational up TO ten minutes /
before he died. He died about
twenty-five minutes past eleven O'Clock. i i
asked him how the stabbing occurred, on Q
sunday, about half past three, and he said \
Il was standing at the head of the stairs
md he jab5ed the knife into me-" Father I
aid, He has given me my death stroke" !,
lie said Mullane was standing al the head 4
# the stairs waiting for him.
Several other witnesses were also sworn |,
md testified, but their testimony contained 4
nothing more than is given above
THE VERDICT.
The verdict OF the Coroners Jury was TO
he effect that Matthew Malone came TO
lis death by being stabbed in the abdomen .
With knife in the hands OF Patsey Null
ane, and said stabbing was done in a fell
nous manner.
MALOSES ANTI-MoRTEM STATEMENT. |
On Sunday evening Mr.. II. Miles Moore n
vas hastily summoned to the residence of
Nr. Malone to make the dying mans will, L
Is the messenger said. Mr.. Moore went TO G
lis office and secured his papers, after 81
which he -oceeded to Malones house,
where he found that il was the victims 5
statement and not his will which he was h
wanted TO receive. This should, properly, a
,erhaps, have been made IN the presence Of
he county attorney or his deputy, the pros v
cutting officer for the State, but there being g
10 time to lose, as the wounded man was 81
growing weaker, and Mr.. Moore,
,eing a notary public, decided to take it, II
which he afterwards turned over to Judge Il
Wood, deputy county attorney, and it will n
Ne used in evidence. Malone, at the time
If making the statement was so weak that /
he made his mark instead OF signing his II
lame. The following is true copy of the n
statement
THE DYING MANS STORY. n