Evening journal., 1888-10-02
MCMAHON a FREE MAN.
The State Abandons the Case and Asks for
a Verdict OF Not Gui1ty-The Peanut
Stand Cases Decided.

I
case of the State VS.. John Mcmahon,
finished the cross examination of Charles
McGaughey, a witness for the state.
Simeon Wolfson was then called.
He testified to seeing the italian
hit man in the head with box.
He saw two stones thrown and also saw
the Italian after he had been struck. Saw
the deceased Italian fire two shots, but
did not know who he was firing at. The
fruit stand belonging to the Italians was
not upset. He was positive that the shots
were fired before the stones were thrown.
| On cross examination the witness said
! he had no occupation and had been out of
employment for five years. He said that
1 after the stone was thrown, the Italian
fell, then got up and went away and hid
the pistol. He saw James Brady and
James Hutton coming in Front street
after the fight. Told them he saw an
Italian and a lot of fellows fighting.
Elmer Booth was next sworn, and said he
was just coming off of the circus grounds
and saw an Italian hitting another man
with a soap box. The other Italian was
standing beside the stand. As he stood
in the road he saw one Of them hit with
stone. He saw the person who threw
the stone but could not identify him. II
/ was ftiN nflihs hiltI Dtluk nlb WIFI lit
stone the Italian fell, but got up at once
and fred two shots. Witness then left
On cross examination the witness said the
man who threw the stone that hit the
Italian was a tall thin man, taller than
Mr.. Vandegrift, the prisoners counsel.
Bernard J. McVey, ex-police sergeant
testified to going to the grounds. As he
went mp to the crowd about the stand
! they commenced to holler Come on
Barney and arrest this Italian who has
been firing into the crowd" He found a
man in the lot with box at his feet. He
had no pistol on his person, but one was
handed TO the witness afterwards which
was covered with blood He saw the man
was badly cut and took him away and
told him TO 90 home. The witness said
that he was not told to arrest any one by
the Italian. On being cross-examined he
said that the injured mans two brothers
came to the stand while he was there,
but did not point out Mcmahon and say
to arrest him. They did not tell him to
arrest anyone.
When Mr. McVey had concluded his
testimony, Attorney General Biggs, arose
and addressing the Court said, II have
introduced to the court and jury the evi-
dence on which the grand jury found a
true bill, and do not feel justified in
asking for the conviction of the prisoner
Michael Malascalza was the only witness
who testified that the prisoner was the
man who threw the stone that killed the
deceased His testimony was contra
dicted in some particular by every other
witness for the state Viewing the case
in all its particulars, find the evidence
! just as strong that the prisoner was not
/ - L. 4 4 -
that he did kill the man. cannot con
scientiously ask for the conviction Of this
! prisoner. Without consuming any more
time, | ask the court to instruct the jury
to bring in verdict Of not guilty"
The large audience which filed the
court room broke into spontaneous ap-
plause as Mr. Biggs sat down, The chief
| justice was considerably annoyed by this
undignified manifestion of satisfaction,
and called for the sheriff, telling him 70
keep order in the court. He said, when
quiet had been restored, that if such dis.
order occurred again he would clear the
court room. Then speaking 10 the at
torney-g general, he said, Il think sir. that
you have acted perfectly right in this
case. There is no doubt that the man
was killed by a stone, but there is not a
particle of proof that the prisoner threw
| II"
Mr.. Vandegrift then said: II felt that
when the testimony was in that the at
torney general would do just as he has
done If he had stopped then / would
have said nothing, but the attorney gen
eral has said that the evidence was as
strong that the prisoner did not do II as
that he did wish to tell the court that
1 have witnesses to prove that Mcmahon
was not down where this fight took place
! have witnesses to say that he was not
within 200 yards Of the place all day.
have witnesses that saw the man who
threw the stone He was a tall, slim
man with a stoop to his shoulders; other
who have known Mcmahon for years,
who win say it was not him; that three
men came out of the tent and asked the
way to Front street, and then went to the
stand, kicked up a rumpus and threw the
stone that killed
The Chief Justice said Il have no
doubt that you could prove all these
things, but it is not necessary He will go
out of the dock as free as you are now.
He then instructed the jury TO find YER
dict OF not guilty, which they did with
out leaving their seats. He then told the
prisoner that he was a free man, at lib
erty TO go where he pleased, and John Nc
Mahon stepped from the box, clear Of the
charge for which he had been arraigned
AS he walked from the court room a mum
Der of his friends crowded around hin
and shook his hand.
The court instructed the Prothonotary
to enter a verdict for the city in the pea
nut stand cases; which verdict means
they must 20
Three o'clock this afternoon was set as
the time for hearing the remonstrance.
Go the liquor license applications
II. II. Ward Esq. presented the peti
tion Of David b. Ferris Of this city, set
ting forth that a public road had heei
cut through a part of his farm in Pen
cader hundred, running over the bed o
! the old New Castle and Frenchtowi
railroad The petitioner claimed that b
was the owner of the land across whicl
the railroad bed runs, that il had beei
I abandoned thirty years ago by the rail
road, and that it had been fenced in am
: cultivated The petitioner had beei
advised that on the abandonment of ~
2 Old railroad bed it reverted bac
4 to the original owners He la
Z / received no notice of any intention to la
ont the road, and remained in ignoranc
of 1T until June 1888 The petitione
asked that he be i'm some way reimbursed
= The Chief Justice expressed the opinio
I. that a road cannot be opened over a man
= land unless he has notice, and that h
4. might bring suit for trespass. The pet
I; tiOn was filed and action will be take
nm fs4a 3 N.l /.