The Leavenworth weekly times., 1879-06-19
MUI.LANE'S TRIAL.
Ii Comes Up Yesterday in District
Court-The Jury ChO-en-Thc Case
Opcned-Witne>ses for the frOsecu-
ton All Examined.

District Court convened yesterday morning
at ten O'Clock, and about eleven o'c.ock the
case Of Patsy Mullsne WAS reached, charged
with feIoniousy inflicting upon Mathew Ma
lone on the SOth day OF last November, a
wound from a knife, whereby he died the 10.
lowing night The defendant having entered
the plea OF not guilty at the December term
of said court, after appointing II. {. Hollister
rs stenoerapher to take the testimony, the
work of impsnelling a jury at once com
menced, and was completed about haii-psst
two O'Clock yesterday afternoon, with the fol-
lowing as said Jury: Aaron Evans, A IL. Peck,
John Harris, T. ]. Caster, J. u. StiggerS, ]. C.
Gist, Solomon BuNten, Henry Smell, Samuel
Taylor. A. W. Jackson, ii. ID. McGaillaId and
i. y. Bartlett.
A H Wood, on behaIf of the state
then made a brief statement Cf what
IL was expected TO prove; that the
killing of Malone by Mullane was felonious
and with malice, and therefore murier. He
dwelt upon the prevalence Of cline and the
necessity OF the jury carefully examining
| and weighing ali the facts and testimony pre-
| sented and judge If such a crime had not
be an committed
| Scott Ashton, on bi half Of the defence, stat
| ed that IL was expected that the fact would
be established that Malone had been insult
| ing towards the defendant prior to the fata.
occurrence; that on that night he had reason
| TO think that his life was in danger and had
picked up the knife before leaving the room
that Malone followed him out and assaulted
him at the head OF the stairs and that he
then, fearing that his own life was in dam
GER used the knife.
The prosecution then examined the wit
nesses for the state. The following is a syn
| opsis:
testified TO the presence OF the parties on the
evening of The 3Oth OF November at his gam
bin. .stablishment. Malone had been in
| the west room some time when Mullane and
| John Hartman came into the easi room. Ihe
west room was the hazard and !unch room
and the east the emo room; Mu.lane remain
| ed in the east room and the witness pass
into the west room and sat down near Ma
lone, who was at the haz ard table. MuIlane
| came in, he ana Malone had some words and
| hs-Burnes-went TO Mullane and told him
he wanted no fuss there. Mullspe said he
kenro room and out at the door, as the wit.
ness. supposed, to go d.wn stairs. About
time enough had elapsed for him TO get
saw the crowd rush to the door v hen Malone
/ reached II, and, rushing there himself saw
| Malone and Mullane cIinched. The witne s
pulled Malone away and a man named Wal
| lace pulled Mullane- Malone said he was cut
4 Witness release him and he started down
the stairs after Mullane. The witness
heard q sbot and then Mullane rushed wildly
| back MP the stairs, bare.aeaded, through the
| keno r. ON and down the back stairs.
| Cross-Wttness did not know what words
Malone used to Mullane; but he knew of ihe
previous difficulty on Thanksgiving day, and
(; ior this reason had stepped forward 20 stop
any trouble. He took Mullane to the door
/ of The west room. He (Mullane) did uOt
seem TO be drinking more than usual. Ma
lone got mp TO 60 out As came back. He
! dad mot know whether Malone had defendant