Evening journal., 1888-10-01
asst EDITION
MALAsCALzA's MURDER

I'm Mcmahon on Trial for 1.-THE Dead
Ian's Brother Testified This Morning.
other witnesses.
The Court of Oyer and Terminer was
ened at 10 o'clock this morning with
Il ief Justice Comegys and Associate
\ dges Paynter and Grubb on the bench.
le roll of the special and Oyer and Ter
ner juries was called and a number of
\ rors found absent. Under these circum-
lnces the court felt inclined to post
Al ne the case of the state vs. Mcmahon
manslaughter Counsel for the state
II d accused were ready to go on with the
al and the court therefore decided to
N oceed.
III On motion Of the attorney general the
81 isoner who was sitting inside the bar,
IA tn some lady relatives, his witnesses
M IS put in tie box and arraigned for
~ anslaughter, the charge being that he
rev a stone ON May Z, hitting Carmen
IN alascalza ON the head and inhicting a
Il )und from which he languished and
81 ed on May 8. Mcmahon pleaded not
& ilty. The jury to try him was then
n avn as follows;
Il William Q. Deakyne, Jr., Cornelius w.
NJ avis, William Kirkwood. Samuel l..
II nders, Henry L. Brown, Peter f. Mas
&y, William II. Wright. Samuel Free
NJ Id, James T. Tonant, John J. Mahoney
y d Henry L. Churchman.
NJ Arnold s. Naudain and Manuel Richen-
nj rger were drawn, but were permptorily
u allenged by the defence and stepped
N 1T of the box. The remaining Jurors
ho had been empaneled were discharged
n ON further attendance at this court
NJ The case was then opened for the state
MI Deputy Attorney General Davis de-
H ling the charge of manslaughter as in
ri e statute and reading the penalty which
NJ S4,OOO fine, and from one to five years
#lprisonment.
N Michael Malascalza, brother of the
NJ uIdered man was the first witness An
n 10 Cardanelli was sworn as interpreter.
NJ he witness stated that he lived on
& Ripley street, had lived there one year.
II ad been in this country two years. He
I'D fruit at Eighth and Market streets.
ri is brother and himself were in partner
II Zip at Eight and Market streets before
s. was murdered. He visited the circus
#l the 7th of last May with his
n ,other, to sell fruit. They went there
n s So'clock in the morning He left
M )out or $50 in the even ing.
Nc saw the accused about
n clock in the evening, while he
his brother were at their stands sell
# lg fruit. He came to the stand about 0
4 clock. There were a good many peopl,
NJ ith him. McMahon asked the witness
ad his brother how much the bananas
ere and they replied ten cents a dozen
NJ hen Mcmahon and the others commenced
M) take the fruit and eat
Two or three Of the crowd
lid this while the others stood by look
#lg. His ,brother told them to stanC
lack; the fruit was to sell. John Nc
lahon then struck his brother with hi
st and another person struck him Boil
& imself and his brother were behind tn,
tand. Mcmahon was also coming be
Il ind the stand and two others. Then tn,
tand was upset and Mcmahon picked VI
stone, and standing about ten fee
way, threw it. His brother was pickin,
S p the fruit which had fallen from tn
8tand, when he was struck by the stone
Y lie fell at once. Witness starteC
10 pick mp his brothe
ghen John Mcmahon threw anothe
tone which hit his brother in the side
iome one else threw stones at witness
ix or seven stones were thrown BY tn
Towd. Witness did not strike back. HI
leard two or three shots fired and he anC
81 his brother started to walk away, They
we're about 100 feet away from where thl
ihots were fired. This wa
4 .fter his brother had been strucl
With the stone. They had no pistol i
& hey had it would have been used. 4
bird brother had a stand there also anC
+ hey went to his stand. All three thei
went to the place where his brother was
K burt. A policeman then caught him anS
searched him for weapons. The police
nan arrested his brother and took him
away. Before the arrest the officer wa
asked by the third brother to arrest thl
man who threw the stone. He replied
that he would take the deceased first anC
f he died, he would arrest the other men
The officer took his brother some dis
tance, but finding that he was seriously
hurt, let him go
L. c. Vandergrift, counsel for tn
prisoner then began the cross-examina
Ition. He brought out nothing new
Witner was very positive that McMa-
nun univ pAd abbuC Ahub hllleu III
brother.
The next witness was DIR. William B
Winner, who testified to attending Car
men Malascalza on the evening Of May 7
about TO- 30 o'clock. He described tn
wound on Malascalz's head In the first e1
ANIMATION it was not discovered that th
skull was fractured The post morten
examination showed that the skull ha,
been fractured and that there had been
hemorrhage in the skull which made
clot. The wound was mortal
Charles McGaughey testified to be ingo
the circus grounds. He saw the troubl
about o'clock. The Italian, Michae
Malascalza, struck Mclaughlin with
store box, and followed him up with tn
box Mcmahon was standing quietly b
the stand when Mclaughlin was struc
he started away from the stand. Cal
men Malascalza then picked up club
following Mcmahon, drew revolver an
fred it, then as Mcmahon was crossing
ditch struck him with the club an
knocked him in the ditch. Then M,
Mahon picked up a stone and threw il
More pistols were fired and more stone
thrown. He did not know what struc
the deceased.
The cross examination was then begun
but before Mr. VANDERBILT finished coui
adjourned until o'clock this Afternoon
THE OFFICIAL TEST