The Leavenworth weekly times., 1879-06-19

| by the neck or not al the door. Malone wls
the more powerful Cf the two. Heard 10
threats from either party.
Rs-iirect-Saw nothing in Nalone's hands;
saw no weapon that eSening.
In answer to questions by the court,
the witness stated that MuIlane had had Just
about enough time TO 90 down stairs and back
when Malone reached the door, and they
cnnched as soon as he got there.
J. c. LILLE
The witness hat gone up To tell Malone TO
come down stairs. Mu!lare Was then there.
Malone said: Yes, in one minute" The
words then ps ssed, but the witness could not
hear, being slightly desf. buiEss mouoned
Mullane away, and came out amt spoke to
him and led him to The door After furnes
came back, Malone started cut and witness
started 10 follow, but some one called him
and he turned. he hsaTu the scuihlDg lInine-
diately and, going TO the door, saw thst Ma
lone had Mullane In the jam. He saw the
sieam OF the knife; saw no weapons in Ma
lone's hands. Malone had both his srms up.
Ckoss--H iid rot know that alone struck
Mullane ia iae face. Thought there was no
way Tor Mullane TO get away.
REUBEN JACKSON
Testified to missing the knife when ne went
10 prepare lunch aud then {" the quarrel, and
the fact Of Burns teliipg P-tsy TO go out,
which he did, and had . bDGt time TO get to the
foot Of the stairs when Malone jump, q
up and went TO the door. He thin testified
as the others regarding the fatal aiifay and
its denouement
Cross-He had followed Malone, anf.cipat-
ing trouble. Ther- was M way for Muiiaue
to get out. He did not miss the knife U.tll
he went 10 get the lunch.
DR. NJ. ; THOMAS
Waited on the deceased IN a prof sSional
capacity and described the character OF hlS
wounds. He visited him about Fix o'clock
the night he d ed and found him rational
and cor sciOus that he was about 10 die.
DR. Phillips also waited upon him profess
sionally lie testified to his wounds and also
To his c'esrness Of Intellect al SIX O'Clock,
about five hours before his death.
II. MILLS MOORE
Testified to drawing tn last statement Of
the deceased, whi IA has already b--u pub
Iishei. and which he red 90 the juTv. He
said he took II down word tor wOr,!, and that
Malone then msde his mark, II b -ing very
difficult tor him To write. ne seemed y -riect-
ly rational then.
MAJOR 5. h. THOMPSON
was at Burns lbe night "f the 20 Ia sni heard |
the words Saw de,eadsnJ had FomethIng |
up his sleeve. saw him leaye ard heard |
sat down in the keno room. He saw |
Muilane come back and motion TO some |
the door. Null stepped back To let him |
pass. Malone made few quick steps and !
caught Muilane by the throat The separa-
tiOn of the parties ard suDsS gent events /
were substantially rs given.
Cross-Malone could have seen Muliane
from where he was sitting. H couldn't see
Mn lane'- left hand. He heard MIN make no
threats about getting even.
BARNEY CUNNINGHAM,
testified To hear NJ the noise and /
seeing MUllane rush ont into the street about
twenty feet and that he then came back.
he (witneSs) grasped Mullane, but let 20
to catch Malone, v TO WAS about 10 shoot, and
said: ale cut me " Mullane said Yes. /
did cut you" He found the kni e near wh,Ts !
Aulane came on to the sidewd.<
JOHN MALONE
test fed that II was his fathers custom II
carry "a revolver of nights, having been "A pD-
lice officer and IN 4dr many enemies. He
heard Mullane sav IN. Il II cut hts father |
After examining King RDUinrop, whose
was imIn tcriGi, The jury WAS
and court adj JurAeu 10 nine
o'clock to-day.