Daily Republican. [volume] ([Wilmington, Del.]) 1874-1890, 1888-10-01

special jurors were called Ahd all ~
John McMAhou was then placed In
,he dock and plead not guilty 10 IN In
diotment changing him with msn-
slaughter 10 causing the death OF Oar
mine MAlAscalsa, an Italian, 81 the
circus grounds on the night OF May 7th
by striking him On the head with .
stone.
The following juIoTs were then drawn
70 try tire case; William o Dlokoy, Cor
nellus W, Davis, WilliNm Kifkwood.
eamuel g. Lander, Henry L. Brown,
\ William X. Bright, Samuel FlEzsl,
Jpmes b TomAn, John J. Mahoney and
Henry L. Churclm. Jr.
MAEuel o. RiohenberRer and Arnold
g. NAudain were challenged and left the
box.
The State Is represented 5y Attorney
General BiRRs And Deputy Attorney
General Davis, while l. O. VAndekIiit.
Esq, appears on behalf Of the prisoner
As soon As the jury was drawn Rll
the other general and special Jurors
were discharged from airy further at
tendance at this term.
The case WAS opened TO the Jury BY
Deputy Attorney General Davis, after
which be commenced the examination
lof Witnesses.
Michael MAlassAlzA was swoTp, and
Through Angelo OatdinellA IS intsTpIe
ter, ttstlfied that he retidea on Bhipley
o rect, this city, and has resided there
one year. He has been 10 this county
two ysers, and is brother of the de-
ceased.
He hAs fruli stand ct Eighth snd
Market btrett', and his brother was IA
partnership With him. On May 7th
they went 70 the CIRQUE grounds TO sell
fruit aud other things, He saw John
MoAEhon, tho prisoner, on the grounds
10 the evening about . O'Clock. Tire
witness and HE brother were Of their
stand selling fruit, ard the prisoner
cAmO up. There were some ten or
eleven persons with him, ard Mcmahon
asked how be sold the bananas. The
men then commenced to take The frnlt
and eat H., when his brother told them
to stand back Is be had the fruit there
10 soil.
john Mcmahon then struck hts broth.
er with his hat, and another man struck
him, afTer which McSlsnon and two
others came behind the stand and In
the excitement the stand was upset
McMshon picked up . stone and threw
IL, striking his brother, who at the time
vas Tyinz TO pick mp the fruit that had
been spilled.
The stOne struck his brother on the
right side OF the head ard he fell down,
and ~ the witness went 90 pick him M
MoAabon threw smother stone, which
struck him on the aide. Several Stones
were a'B1 thrown by others In the
crowd, ct the witness, and he supposed
there we're In all some six o. seven
stones thrown. There were saverAl
piftol shots fred by some tns 90 be was
taking hla brother away from the
RTouDde, bat he I'D not know who fred
them.
Neither he or his brother had . pistol,
but II he had one he would have eliot
At the crowd when they assaulted hln,
He had taken his brother but A short
distance when he fell, ard the witness
went over 20 stand kept by another
brother, who could speak English bet
ter than him, aud when they came
back this brother asked a police officer
why he did OF ArFett that mhu, a. he
had pretty near killed his brother, bat
Instead Of ErTestinR him, he took the
wounded man 80 custody,
The police OH ser said be vould srrest
his brother, aud II he died be would ar.
rest the other man In the morning. Mr..
BiERs called eE SsrResnt OF Police Bar
ney Money, and the witness recognized
him As she officer. BE then rsaumsd,
aud said ShAs after the officer had taken
bis brother y short distance be found
thAt be wus baby Injured, and let 90 Of
him. he was confident that the prisoner
10 the msn that threw the stone, and
aahN EaT hta I,w.. Il l..
hours Afterwards.
Tbe witness WIS nrOsa-exAminei 81
length b. Mr.. VsudeRriit, hut neshlnR
WaA brought ont so alter bis direct tssli.
mony In aBy OF its material points.
DR.. winner YVES sworn, and testified
that he Rttsnded the deceessa after he
was iFjRrod aud found . wound on tho
len eide Of his htAd. AtSsF his death
he assisted ct post morton sxaDlnB-
tion, sad fnuad that his sknll was frAc-
tured. Hts death was undoubtodly
oAnso5 by thu wound.
Charles McGsughsy testified that he
was 81 the oirous grounds the night OF
| tho stlalf, apd saw tho Italian who was
lubt on the Wit1HsE stand, strike q man
named mclaughlin with stove box
At shis timo Aekahon was stanilns u
tbe end OF the ssspd, aud Just a. be
started aFAg she deceased reached
u"dtr The s,Eut add took cue What tbe
witness AMP "ssh WA o club uud altar aq
after him. HcMakOn kept oB aud tbe
absn who Is rev dezd to<p p.s,ul
ouL a hi' pookss and fred. Waen Nc
hahos reached 9 pibc ": aIo there wAu
ditoh chs IsSliaa caught up 10 him
and snDoked lin IN ito Gl.Gh. A. he
VA setting up no piGSesi ~ q atone
Npd thre~ 1t, bsa he ga not know
whether hs g}raek shy oGs or no; AFTER
MA!.s9a ~ WSB st,UUk ha Bed bis re-
lyoiVer agEir; the Ui'resa bRv him " hen
hs was BtiucE, but cid 10. kn9w VINO
tire " tie ttOno
Ga CrcsE-G1sninal,n the witness
stated Inst lies aiaJ hG1 8 stari AZ TIC
Circus sroaudH, not far from lhe Itai
iape, aud hal bsen on the ernaud al,
day. He knew NOM lhoa by eighI INIT
had nev5r be d any convtrsatlou win
him thsJ hS could REMEMBER.
At O'clock court took reosss NATL
3 o'clock this afternoon.
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