The Leavenworth weekly times., 1879-06-19
Tuesday'> Proceedings.

Tuesdays Proceedings.
thine o'clock yesterday morning the trial
of Patsy MuiIane, for numbering Mathew
Malone, was continued in District Court, snd
the prosecution very briefly closed their tes-
timoIy. Their first witness was
COL. MOONLIGHT,
who was examined in regard to the difficulty
on Thanksgiving day, in which Malone had
called his attention 10 Nullane and said that
he Was a thief and vagrant, at which Null
lane had come up and sa d: 'lt NDu call me
q thief, you are cd id liar" >" Malone mad
pleaded guilty In police court a short time
previously 10 clubbing JACK Csid"eil over
the head with "A pistol
THEODORE BICE,
an attache at Burns was there the night of
the cutting anu saw both parties. Ills attsn-
tion was first called by hearing ''s-n Of "A
b-h" pass between the two, when they quar-
relied at the table; but he could not say who
said it, Malone did not get up. When asked
not to have "A disturb ince in The saloon. Mu!-
Ian e had told Burns he wouid gn out for MIN,
but not for that man (referring To Malone
About a minute -fter Mui ssne went out Ma
lone got up. Malone could see the door but
not down stairs from wnsre he sat Witness
then detailed the fatal affray, and MuIlane's
coming back up stairs through the keno
room and out the back way.
CIOsS-MdlOne sat with his hands on the
table and his head down for a moment af ct
Mullane left. He went out naturally He
hsd been playing before the quarrel AZ the
tables, but was not at that time. The witness
heard him say nothing.
Here the state rested and the defense be-
gan.
COL. MOGNLIGIIT,
After testifying to the length OF time he had
known Malone, being about twenty years,
he having been deputy marshal under Mr..
Moonlight. said that he knew his disposition
and character, and thai he had a very quick
temper and was a violent man. He WIS in
the habit OF carrying revolver. His dam |
gerous character was known 10 all. Malone |
was a dang rous man-
CroSs-He knew Malone when he was |
elected rs the oldest officer on the force and |
SO made him his deputy. He could not say |
as tO his charactert>tic> of bravery upon the |
force. He was not moe vigilant in .potting |
suspicious characters than in an thing else. |
EMIL wETZEL
Had heard Malone say in October that Mul-
lane ought TO be of the street; that he would
fix him Yet.
Cr0s--He thought nothing of the remark
at the tim".
NJ. ROGERS
Testified that Malone had a violent temper
and that he was "A dangerous man. On The
cross he laid that he had hesrh several say
80 and that IL was his own personal tNper
fence.
MIKE MITCHELL
Testified TO Mulsnc's cOmi TO his house
Saturday night ani rem tining until or
o'c.ock sunday evening, when he went. Mul-
who took defendant away. When defendant
first came to his house lie had scratch ON
his eye and month.
MOSES SHIELDS
Testified TO hearing Malone say, at a differ
ept time to that testified 10 bV Mr. weJZ-I
that MUllsne was blg sciiiawa@ and he
would fix him Yet IL was then oil the po-
lice force. DeIeldlnL could LOT have heard
ii.
TOM CASEY
Had known Mslone since lSI7 and knew his
character dangerous, quick tempered
man and thought him a dangerous man.
On the cross, he said that when he was in a
passion or down on a man he never let up.
lie WAS good officer on the force.
SAMUEL. WALLACE,
Reing present that night, first saw Burns
bring defendant out. and saw him pass out
down stairs. lie came back 10 the door say
and mOtioned to the witness, who went To
him and he tod HIM he wanted Hartman
Witness told Hartman, and then went and
stood in the door between the two rooms. |
Malone passed him and in "A moment lie
hta ard the disturbance
On being recalled, ne testified that he was |
nearer Muilane than Malone when the for
mer passed out, and he did not hear him
Mu.laDe-say he would get even. |
JOHN CALDWELL
Knew that Ma'one had a violent temper. |
On the cross, he said he had had difficulties |
with him.
REUBEN JACKSON
Did not tell Malone: d" Look little out, Mat |
Nullane is on the war path = nor did Malone |
say: " Keep cool; ii's all right |
JOHN LnNERGAS |
Was in the keno-room saw Burns AID Mul- |
lane come ont OF the hEZ room "A NJ he tTd
Barns say that he wanted no quarrel there /.
Patsy said he didn't want to MAKE any di
turbance but he didn't want Malone to
pose upon him. In a short time he noticed |
Malone and Lille walk 10 the doOr. Malone |
raised his hands ana grabbed Mulane. he
MsIone-Iid not traw his pistoi until after |
was cut.
MAJOR :. X THOMPSON |
Testified that he hea all that Mullane said |
when Burns was leading him ont, and that |
MGllane did not say that he would get even"
Reub. Jackson did not say: Look a little
ont Mai: Mu lane Is on the war path His
attention WAS attracted by the first disturb |
aDce-
Court was here adjourned TO one O'Clock
Promptly at one o'clock the examination
of witnesses was resumed.
THOMAS FORTUNE
Swore that, before MaIone's death, he was
talking with him about his boys- Fortune
suggested that 10. was doing well and Null
lane said: "les, but thai s-n of "A b-h Mui-
lane leads him OF III have TO Kill him yet.
PATsEY NuLLANE,
the defendant, then took the stand. He de
tailed circumstances prior to the killing,
from which ne swore that he feared Malone.
He then tod the story of the quarrel in the
keno room. when he got the knife, saying
about TO assault him. He then told OF pass |
ing out and half way down the stairs
and returning To give the knife 20 Hartman.
He motioned TO Wallace aud told him to
tell Hartman TO come. He saw Malone COM |
ing and stepped back AS Malone got TO the |
door he grabbed witness by the throat and |
struck him twice. He was sh utting of his
Mullsne's-wind and he. after trying to get
away, drew the knife from his lett sleeve.
Malone showed him back sgaiust the wall
and came upon the knife Defendant then
being released, ran down stairs, and the sub |
seQuent events, TO the time he gave him
sell up, are substantially have
hs3pp given hy nj her witnesses He then de- |
tailed the difficulties he bsd years ago with
the deceased. He-tae defendant-went up
to get zone 3unch and had no idea of meet.
ing Malone. He knew that Malone always
carried a pistol, and rad no other motive
thai selfdsfense in using the knife. He had
been drinkIn some but was not drunk.
Cross-He did not know that Malone had
weapon until after the cutting. He never
used the expression "get even," and had
never threatened hun.
REBUTTING TESTIMONY.
Goldsmith, IL Miles Moore, Judge u. Diefen-
dorf, j. { O'Dounell, j. &. Hughes. Tom
Cusick nd Me- own Hunt were introduced,
all of whom had known Malone for num-
Der of years and bore testimony to his gen.
eral good character.
THE CHARGE
Judge Crozier then charged the jury in the
tnat in the Latin case, still fresh in the
minds of our readers. The instructions also
asked and given Tor both the State and de
fense are substantially the same as in said
case.
HON. J. W. TAYLOR
defense. He apprenended that, taking even
the testimony of tie defendant himself. for
the jury to clear him would set an example
which no community loving law and order