Weekly journal-miner., 1914-09-30
MALLOY MAY
 GET ONLY ONE YEAR
(From Saturdays Daily)

County Superior Court the jury last night about 8 o'clock brought in a verdict of manslauehter against Frank Malloy, who was charged with the killing of O. A. Swinney during a Jerome saloon brawl six weeks ago. Accompanying the yer dict was recommendation for leni- ency toward the convicted man, which may mean that he will escape with a sentence of one year in the state penitentiary, which is the min imum.
 An even day was occupied in the trial including the selection of the jury Shortly after the noon hour the prosecution finished with the introduction of its testimony. Thirty minutes later the defense, after ex- amining the defendant on the stand and introducing some documentary evidence, announced that it rested. By agreement of counsel only twen- ty-fve minutes were occupied in the arguments to the jury. Judge Smith concluded his instructions one-half hour later and the jury retired to
 he jury room at 4:30 p. m. An hour and one-half delibcration before the supper hour failed to result in verdict, but another hour and one-half sufficed.
 The instructions of the court prac-
 ically precluded verdict of mur
 Ter in the first degree. The testi-
 nony indicated that Swinncy re- ceived the fatal knife wounds during l quarrel in which all of the par .icipants were more or less intoxi- cated. It was brief, concise and to
 he point. The prosecution placed
 ipon the stand Ike Nihill, ]. L. Farrell and J. Seidl, all of whom saw the tragedy. J. w. Hubbard, m officer of Jerome, also testified, which ended the case so far as the state was concerned. Malloy went on the stand in his own behalf, but
 vas kept there only about five min utes.
 Attorney Anderson, for the de- fense, conducted the case in an 1pen-handed manner, working with he state to bring out every grain If evidence pro and con. In his speech he pointed out that there was lot a scintilla of evidence to indi- ate that Malloy had inflicted the atal wounds and that, while it was generally presumed the defendant vas the assailant, there had been 10 evidence to show that such was he case. He called attention to the 'act that Malloy was only a gay,
 'oung Irish lad who, with the five or six others in the party, had hit it up pretty freely, and was not entirely
 responsible for his actions In short, he defense contended that Malloy ,ad not premcditated the crime rad not even known Swinney be- ore the fatal night, and that the ;tabbing was only the result of the
 'lay of heated passion upon the pur Of the moment.
 The stabbing took place in Je- -omc saloon. According to the dy-
 ng statement of the victim, he had lot known Malloy before the fatal light. An altercation occurred be- ,ween Swinney and a cook in the establishment. Malloy was called. He refused to interfere. Words
 ollowed, blows were struck and a
 CIV minutes later, in a general mix ID, in which more than two were ,ngaged, Swinney was lying on the
 loor with five stab wounds in his body, which two days later resulted n his death.
 Nervous, and showing the effects of his incarceration in the county 'ail, Malloy received his sentence with a mixture of relief and remorse. By his side at the bar sat his faith ful brother Michael Malloy.
 Turning to the jury, Judge Smith inquired as to the meaning of the phrase, recommending Malloy to he mercy or the court" Foreman Blicenstaff explained that the jury felt a minimum sentence should be imposed upon Malloy rather than that sentence should be pronounced md suspended The minimum sen tence is one year and the maximum ten. Judge Smith will this morning have a talk with Malloy and his brother. He named the date of i'm posing sentence for next Tuesday morning.