Daily Republican. [volume] ([Wilmington, Del.]) 1874-1890, 1888-10-02

l Euo AttOfuey-9enofAl AbnDoona the
prosecution of hacmahon-rhe oOurI
InsuuOts the jury 10 Render . Yer,
dict Of NOT Guilty.
As soon ne court reoonveued yester.
day afternoon the case OF the State vs.
John Nc cMahon, indicted for the killini
Of CaKmlne MAlAsoalzA, WAS resumed
and Charles McGAuRhey, Q witness fol
the State, was recalled aud crosse
examined ct length by L O. VAnde-
grifI, Esq, counsel for the prisoner.
Simon Wolfson testified that he waF
At the circus grounds and saw tie dis
tuTbAnoe. The fTst he saw WAS when
Michael MAlascalzA had the fight with
Mclaughlin, and struck him on the
head with . box. There were some
stones thrown, but he did net know
who threw them MoMahon was not
there when the 6ght commenced.
The witness afterwards saw him back
OF the Italians stand. Just before
CArmtae MAiapcalz4 was struck he BIe1
pistol, and shot again after he was
struck. he saw the deoeAsed when he
was struck, bat did not know who
threw the stone that strnok him.
On Cross examination by Mr.. Vando
grift the witness said that he was not
Engaged In any occupation, and had not
done Auy work during the past Ave
years.
Elmer BoOthe testified that he was ct
he circus grounds, but did not see the
oommenoement of the nght. Just rs he
was leaving the grounds he saw some
men fighting with two Italians. One
Of the Italians had q soap box. with
which he vas beating Q man. BE eaw
9 man throw . stone which struck the
Italian, but he could not identify the
prisoner Hs tho man that thTeg 1t.
He thought the man that threw the
store had on . Derby hat, but was not
certain about IL. When the stone struck
the italian he fell to the ground, bat
got up At onoe and fred two shots.
There were several othsr stones thrown,
but the witness did not know who
threw them, ~ there was large crowd
there.
Ex-Sergsant HcVey vas ct ths oIrous
ground At the time Of the disturta1ce
He wss In the large tent when q boy
came to him and said that there WAS 4
dght going On over toWArdi Front street.
Upon going out he saw that the stand
was upset, and the peanuts and fruit
Ne-e scattered on, the ground. Some one
II Au phO gAONu OhAAuos A6AAhpIN AAAChA
that Italian, aB he has been shooting in
the crowd" He went over to where
Michael was standing and felt his
clothes TO see If he had pistol, but did
not find any.
BE then went 10 the wounded man
and upon finding that he WAS badly
hurt told his brother that he had bsttel
take him home and get . dootor. Eli
denied that Miohael had pointed on
Mcmahon - the man Who threw tht
stone; II he had he would have ARRESTED
him. BE Wse MT asked to a'rBss RUy
ons, but made every effort after he founG
that the man WAS hurt to And the mai
that threw the stone. The Wttnsr
knows McMahon, and has known bic
for the pAst ten years.
Attorney General BlRgs then address
ed the court, and said that he had pre-
sentad all the evidence he had been abl
to obtain in the CASE, and he did not fee
that With such evidence he uld con
! sclentiously ask for . conviction. Th
only testimony there was to show tbs
the prisoner WAS In any way conneote
With tho matter was that given by th
ldeceAsed's brother, and this was ooutri
dioted by almost every other witnel
for the State. Under these Olrcum
stances he would aek tbs Court TO II
struot the jury to bring In . verdict {
not guilty, and thus rave the count
from any further expense.
When Mr.. Biggs concluded the cour
room rang with applause, and it wn
several minutes before 1t could b
stopped. When At last quiet IS re
ors6, the Ohief Justice said that th
Sheriff must preserve order, aud that
I sush q thing occurred again he wouli
lave the auditorium cleared Of ever
I person that WAS IN 1t.
The Ohief Justice also said that h
thought MT. Biggs had acted exaotl!
right In the matter, as he did not thin
: 1t would have been possible for the iur
to render anything except q verdict Q
not guilty, with the evidence that hs
! b; en- pretented.
! Mr.. VandegrIft said that before thi
case was finally determined, he wouli
: like TO say q f3R words When th
Attorney General was sp3aklnS he hs
. said that it was just 90 improbable thu
: ths prisoner had thrown the stone Rs
WAS probable that he did, and had
not been for this remark he would nj
. said q word. Il was his wish that tn
= young man should leave this dock will
! out ntAin upon bis character, aud
! the Court would hear them, he hA
witnesses to show that It was not hiI
who tbrsw the stone, but tha. 1t ws
: thrown by one of three men who cam
{ out OF the tent. These men became IN
: : VOWED in quarrel with the Italianf
when one OF them threw the ston
which oEused Malescalza's desth. b
would also show that MoMshon wa
not near the place OF the time Of d
aght, ard did not know Of 1t until a
tar yards.
g The Ohief Justice said that he did Mt
consider this necessary, rs he though
|. the action already taken and the verdi
!, Of the jury would be sufficient vindlo
y tion.
The jury then. under the instFuotIc
lot the court, rendered = verdict of n
, gu lty, and McMAhon Wss dIsohATR,
from custody. He Was immediate
surrounded by his friends, and gener
handshAkins ensued.
u The court announced that the app
u cation for liquor LICENSES viii be taxi
up this afternoon ct O'Clock, and tesi
mony heard for and against them.
y About 5 80 O'Clock court Adjourni
"a until TO day.
'sI For veterans Of the WAR
Vt Every ex-soldier or soldiers wide
4 =