The Leavenworth weekly times., 1879-06-19

Malone which must initiate against the de
tense. No harsh words or insults he nigh
have used toward Mullane would Justify nlC
act aud il was too much TO ask "A Jury .
clear for any such cause- He placed the death
rcd statement BY the Side OF that Of the de-
f-Adaut and pointed ont Iueir analogy. There
v - no lack lac said, Of ev!deuc- OF bad blood
on the part of the DEF -GSaEt. IL Was a most
natGTai act for Mat Malone, who had for
twenty-five wears walked the streets Of our
city and protected our community from law :
less tn-D, aud thus grown accustomed TO con-
front danger 10 spiIng upon Muilane when
ne .ar him with the kHif- in ms hand. The
testimony OF the defendsut-hiS every action
- clearly showed That he was Wiling that this
sad nslr should take place.
sCJTT AsHToS
Followed for the defense. He charged the
Jury Of tie necessity or carefully sitting the
evidence and looking rather 10 the con-
dition Of the de en''nats mi-d At the
time Of The ocsG:. ICE rather ihan
To the circumstances that appeared
from the other evidence. All the evidence,
Hr said pointed To the fact that Malon > had
5sa n tHe aggrssSor and that defendant WAS
labog.uE under the fear of great 'diIy harm.
F.e thUugtt every proposition made at the
outSet htf ben cleary proven beyoni con-
IIoyersy snc ihat theTe cOuld be no clearer
ca { o! s=-I-Ge ense
HON THOMAS p. FFNLON.
This gerIirsnI 'n Ia! owed Tor the defense
He wanted the jury 10 judge from the ia-is
and reason II tue case and lot from any i'm
pass stoned flj=hts OF elcquencr. He .aid no
attempt had b-eu made - malign Malone.
Malone had been a. mean ir end as he ever
mad and he would only scatter flowers over
his grave. but wnut were The facts in the
Canvas this N'Uag tI IA 20 receive the
stigma Gf ID f-.-T md have the brand CT
cam on his .F: '- iHru sIfted the eyI-
deflcr, arau'lrE 20. lone hld been the ag-
gre-sDr through a.: ia.s. AUllane secured
The Eui e, uJa s.-E.-. Hy ylt dSfeusIgeIy,
and that AZ his aCll.us ....I Ueeu defensive
nature. Ia conc U-a0u uu asId that were Mat
Malone MN m-eli alive Iae would come fOrwa d
and with bis broad, magn iuiInOuS nature
ask q t.lat the defendant up cleared.
y. WOOD
Closed for the St4ic, Ia which lie dWelt
- IrurIlg upon the ere 'eucr TO 10 put upon
Ma.OIic's deaIn-bed statement. IL IA ii been
suid tirnt Malone might have passed do Il |
the stains v men MulIaue was ta1dlng there
and he " 8u. to-day have been alive; bat had |
ne done So the defendant would have been
and dastarti.y enough 10 have |
plunged the knife into his buck or side. The |
evidence all showed the vengeful s.iirit he |
cherished toward the deceased. 1t |
had been the endrsvor 10 show that Malone 4
started out excitedly toward Mullaue TO /
assault him but Mr.. Lille swOre |
that Malone was leaving 1T his-Lillie's-re-
quest. The youth or tine bodily iDfirmities Of
Ine defendant-nlS aged father or his large
: rc!e Of frlcnGS-the>e had nothing TO do with
his guilt or innocence the one single ques-
ion WAS there, which II was the business of
.he jury aud no one else, To decide-has he
committed the crime OF which he il charged? |
the circumstances all pointed thSt way
Inr jury then retired 10 the luTy-roOm to
ce II It was possible to TeCder verdict, but
I was not thought that "A verdict would be
cached, anu tnat there would be a hung jury.