Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1888-10-04


raigned In court Monday on charge
Of s~4nslauphier Ia killing the Italian,
oarmips Mslascalzs, by hitting him with
stone IL the circus grounds ~ th,s city
on May 7th, 1888 He pleaded not
guilty. Chief Justice Oomegys and
Judges Paynter and Grub were on the
bench. Attorney general Biggs and Dep.
uty Attorney general Davis appeared for
the State and l. o Vandegrift, Esq 4, for
the defence. Tho prisoner was neatly
dressed and his youthful face bore 4 look
OF serious misspprehension His two
sisters occupied seats In front Of the pria-
oners' dock.
The following jury was drawn to try
the case: William o. Diokey, Cornelius
W. Davis, William Kirkwood, Samuel r.
Lapders, Henry Il. Brown, Peter F Mas
sey, William A Oummins, William A.
Bright, Samuel Frizzle, James b. Toman,
John j. Mahonty, Henry L. ohurohman,
Jr. Manuel Richenberger and Arnold 8.
Naudain were drawn, but were challenged
by the State and defence, respectively.
The Jurors not empanellsd in this case
were discharged from any further attend
dance ct this term.
Deputy Attorney. general Davis opened
for the State, and the first witness WIS
Michael Malsscalza, a brother OF the de.
ceased. Antonio CARDINAL was called as
interpreter, but the witness said he did not
want him as he could not understand him.
Both sides were satisfied with CARDINAL,
however, and the witness appeared to un-
derstand him pretty we'll. He testifi I'd
that he and his brother were selling fruit
ct the circus grounds, on May 9Th, and
that Mcmahon came to their stand about
o'clock at night, in company with 10 or
IA others. MoMahon asked the price Of
bananas and immediately after being told
be and two or three others began to
help themselves to fruit, peanuts
and candies. Hts brother told them TO
stand back, as he kept the things for sale,
when John Mcmahon drew back his fist
and struck his brother, while another
man struck the witness. MeMahon and
two others came behind the stand and
upset some OF the fruit. Then MeMahon
picked up stone and threw tat Carmina
Malascaiza. At this time the Inter was
trying to pick up the fruit and MoAlahon
was about ten feet away. The stone
struck Carmine on the right side OF the
head and he fell down. The witness said
he tried to pick his brother up, when
EoMahon threw another stone that struck
his brother in the side. BE was positive
that McMahon threw both tho stones that
hit his brother. Blk or eeyen stones
were thrown all together by the crowd.
Several shots were also fred
by persons in the crowd that MoMahon
was with. The witness further said fha'
be had no pistol Of the time, and he wal
also certain that his brother did not have
one. His brother fell, after going about
ten feet from the stand, and did not gei
up again. Afterwards policeman came
and arrested his brother and took him
away. BE said third brother asked thu
officer to arrest the man who had com
mitted the assault, but the officer replied
srll arrest this man now, aud IL he die
I'll arrest the other man to. morrow TIL,
witness positively asserted that McMahoI
threw the STONE that killed the brother
and identified the prisoner as his rs
sailant.
Tho witness was subjected TO Iopj
cross examination, during which hedenie,
certain statements that he had made be
fore the coronerla jury, when tina ir ques
WINS held over hiA brothers body, ant
failed to give any clear reason why b
now 80 readily identified MoMahon a
his brothers assailant. He denied tina
he hit any of the men with box, or tina
his brother hit any one with club or
banana stalk. He said that McMahol
was the man he and his brother pointe,
mt to Sergeant Money, after the assault
On this point he was poaitive.
DIR. William G.. Winner, who attended
Oarmine Malascalza, described his wound
which was q out on the left side OF tn
cad, three inches long and quarter o
N inch wide. The post morteni r, veale,
q fracture of the skull. The wound wa
the cause of the mans death.
Charles MoGaughey saw the trouble a
the circus grounds. The first thing b
noticed was the brother of the dead ma,
striking man named Mclaughlin with
box. McMahon ct this time was standin,
at the end of the stand. McMahoi
started away from the fruit stand, whei
Carmine MaIasoalza reached down an,
got club. He then fred shot and, run
ming after McMahon, struck him on tn
shoulder with club, knocking him into
ditch. Mcmahon got up and picked up
stone, which he threw, but the witnes
could not see at whom or in what direc
ton IL was thrown. ALI this time MichRa
IAblaEtAlkh " o Ht tIp btGA3t' G1ibch VII
stone was thrown Osrmire fred his re
yoiver again and then went away.
Adjourned until O'Clock, y. IN.
The trial of John McMahcn, on th,
charge of killing CANINE Malasosl2o
was continued ut the afternoons sos
zion OF court, with Charles McGaughey,
witness for the State, on the stand. III
was CROSS examined at length by L. O
Vandegrift. Esq the prisoners counsel
Simon Woifson said he saw the dis
turbanee at the CIRCUS grounds that ende'
in the Italians death. He first SAY
Michael Malascslza strike o man on tn
head with a box, and saw some stone
thrown. He did not see McMahon arouu,
when the fight was going on, but after
wards saw him back of the Italian
stand. he saw Oarmine Malascalza whei
he was struck, but did not see who threy
the stone. He also saw Catmine fire tw
shots, but did not koow at whom he wa
shooting, and did not see McMahol
around at that time.
Elmer Booth saw part of the fracas o
he was coming from the oircus grounds
One of the Italians, at the time, had
soap.hox in his hands and was fghtiD
with several other men. Tho oihe
italian was by the stand, and was struc
by stone.
ibid you see who threw the stone
asked Mr.. Biges.
'sYes, sir
sewas it John MoMahon 2"
81 don't know
The witness said he did not know th
man that threw the stone. The Italia
fell to the ground after he was struck, BIZ
Immediately got up and Aired two shot
Ex Police Sergeant BERNARD J. Move
said he went over to the Italians' stant