Daily Republican., 1881-09-28
Oyer AND TERMIER,

OYER AND TERMlER.
Proceedings Yesterday Afternoou
-OrlsnoO Roses Trial for MUIR
der-Tho Net Wsrk Of Evidence
that ths state is Wevsing Around
Him.
At the opening of the court yesterday
afternoon, at o. clock, Michael Maloney
was recalled and cross examined By
Mr.. Bird. Have known Galloway
about three months, worked in the
same shop with him, ard was in his
company every day, don't know what
he wanted when he WAS looking for me
on the evening of the 4th of July.
heard loud talk and went to the corner
as l thought there would be fight;
saw Galloway and Rose. Galloway
said, There's that dutchman that
wanted to fight me-" and Rose struck
him andknocked him against the fence.
Galloway did not say ANYTHING after he
was struck, stood near the place until
he returned. When Rose was about thirty
or forty feet off said here comes Char
ley Thomas l said this to Galloway. l
was afraid that he might get arrested.
did not hear Galloway say one word
to Rose when he returned, and Rose
ran into him, and commenced punch.
ing him in the stomach; none Of lis
done anything as we did not know that
he was cutting him. kcss then ran and
| followed him to Seventh and Locust
street; did not say Rose would hang if
my testimony would do it.
| A. Murine, sworn, live on Church st.
between Fifth and Lord, on the night
of the 4th OF July was on the steps of
the morocco factory with Michael Ma
loney. | saw Peter Galloway coming
up, when Rose stepped uD to him and
striking him knocked him up against
the fence; after he struck him Rose
walked up to Eighth street; then told
Peter to take otf his coat 80 that it
would not get blood on it from his nose;
Rose returned in few minutes, and
going up to Galloway commenced to
make plunges az his stomach in this
way, (here The witness showed by the
motion of his hand how Rose had
done;) he struck him a dozen times at
least; did not know that he was cut
ting him until Galloway called out
my God Pm stabbed" The cross ex.
animation failed to bring out any addi.
tional testimony.
John Maloney being sworn, said l
live on Fifth street near Church; was
sitting at home on the evening of the 4th
of July, | went down to the corner and
saw Galloway; his nose was bleeding;
saw Edward Murine, Michael Malo.
ney and two others standing with him
| got his handkerchief out of his coat
pocket and handed it to him; while |
stood there Rose came up and commenc-
oil hitting Galloway in the stomach; !
did net know he was cutting him until
Galloway cried out "I'm stabbed"
Rose then ran and ran after him TO
Seventh and Locust streets; saw Kirly
Leach, and another man have hold Of
him there; saw knife on the pave.
ment, picked it up and took it to Fifth
and Church streets; saw my father
there and gave the knife to him.
Cross examined by Mr.. Bird and said
that kirly Leach had fight with him
that evening; did not use a knife on
him; was arrested for cutting Gallo
way but was discharged. l was not
drunk that night, don't know how many
drinks had; don't think that drank a
dozen; drank beer and cider.
John Hanley being sworn stated that
on the evening Of the fourth Of July lie
was seated on the steps of mis- house on
Church street oct Sixth and Sew
enth streets, and did not see anything,
but | heard. At this point Mr.. Bird oo-
jected to his testimony unless he could
identity the prisoners and say that Ee
saw him on that night. States Attor.
rey Gray explained to the Court
what he expected to show by his evil
dence. Mr.. Bird again urged his Oh
iections and said that he did not want
hearsay evidence before the jury.
HIS objections were Over-ruled by the
Court, and the witness proceeded: Be-
tween nine and ten o'clock, was on
my door stsp when ] saw three men
come up and stop on the opposite cor
ner; heard one of them say let's 60
back; and one of the others said, no,
let's 20 home; the one that had spoken
first went away, while the other two
passed down Church street: about five
minutes after, saw the man with dark
clothes come running up Church street,
followed by several men; l went down
Church street to Sixth, and saw the
man that was stabbed.
He was subjected to a searching
cross-examinatiOn but his testimony
was about the same as the direct ex-
animation.
Michael Maloney, Jr., sworn; live on
Fifth street, am the father of John
Maloney, he came to me at Fifth and
Church streets on the night of the 4th
of July, and handed me knife, which
gave to Sergeant Jones few minutes
after goti
William Jones sworn. am Ser
geant Of police; received knife from
Michael Maloney on the 4th of July
night, took it to the hall and gave it to
the Chief OF Police.
William Maxwell; sworn. am Chief
of Police;on the night Of the 4th ofJuly,
Sergeant Jones came to the hall and
handed me this knife producing a
knife wrapped in paper, which he
handed to Attorney General Gray.)
Glow do you know this is the knife"
asked Mr.. Gray, 81 wrapped 1t in that
paper and put mark upon it." l
positively identify that as the knife.
The States Attorney then offered the
knife in evidence, but Mr.. Bird strong
ly objected, as he said that no evidence
had been produced by the state to show
that the prisoner had a knife; that this
knife had been found several squares
off, where some other men were fight
ing, and he would show when the
proper time arrived that one OF the wit
nesses for the state, had used it on
another man that very night within II
half a square Of where it was found.
The Court over ruled the objection
and allowed the knife to be used rs evil
denCe.
DR.. Thomas Brown, n,sworn-Was call.
ed upon to visit Galloway on the night
Of July 4; found him lying on the floor
at Mr.. Hannigan's house, ,OnFifth street;
there was wound an inch long, through
which loop Of the small inteslines pro.
truded; intestine was not cut; replaced
| it aud dressed the wound; peritonitis
set in OF, the fourth day; there was a