The New York herald., 1920-12-02
JUDGE J. T. MALONE
DIES OF APOPLEXY
Collapses in Criminal Courts
Building Shortly After
Charging Jury.
WAS HARVARD GRADUATE
Left Tammany Hall Upon His
Accession to Court Of Gen.
eral Sessions.

James Thomas Malone judge Of Gen.
eral Sessions since 1908 and one of the
most respected members of the judiciary,
died yesterday in the Criminal Courts
Building a few minutes after charging a
jury in a murder trial Apparently in
good health, he took the elevator from
the court room on the second floor to
his chambers on the fifth. He then
stepped across the hallway to a lava
tory. A moment later Judge John f.
Mcintyre, entering the lavatory, found
his colleague on the floor unconscious.
Death was caused by apoplexy. the
medical examiner said.
Four years ago Judge Malone col
lapsed in court, but after spending some
time in a hospital he returned to his
work and pursued it vigorously. Before
leaving the courtroom at about / 80
p NJ yesterday he said that he would
return at 2 80 If the jury had reached
verdict at that time AS he left the ele-
vator he met Mr.. Russell. a court stenog-
rapher, and congratulated him on his
recovery from an illness.
The last trial over which Judge
Malone presided was that of Edward
Cunneen. charged with the murder of
Charles Classen, engineer on trans
on June after receiving $1,000 in
wages. and was killed by bullet in a
fight Cunneen had a record of several
terms in the penitentiary or workhouse
on charges of burglary and robbery, but
in this case he pleaded self-defence.
Jury Not Informed.
Judge Malone talked to the jury for
about an hour. The lawyers on both
sides held 1t to be one of the fairest
charges they ever had heard. The
jurors then retired to their room. AS
no communication with them is per-
missible, they were not informed Of
Judge NIalones death. If they had re-
turned to court and asked for instruc
tions from the judge it would have been
necessary to declare a mistral and begin
all over again. But when the jury reap
peared in the courtroom at 8 80 o'clock
ii was to report a verdict To receive ii
Judge William II. Wadhams sat in the
chair occupied during the trial by Judge
Malone. The verdict was guilty of man
slaughter in the first degree. accom-
panied by recommendation of mercy.
1t was a curious scene. There were
many persons in the courtroom. and
every one of them except the twelve men
in the jury box and the prisoner at the
bar knew that the Judge who had pre-
sided since the beginning of the trial
on Tuesday of last week was dead. Not
until the foreman. Elmer II. Gourley,
announced the verdict did Charles Il.
lie Barber. chief of the defendants
counsel, lean over the rail of the jury
box to break the news. A murnur of
incredulity and then of sorrow followed.
Before thanking the jury for their
services Judge Wadhams spoke of Judge
Malone as a man of learning. ability and
dignity who served the community with
distinction and "filled thhe Imagination
with the picture of a Judge" Foreman
Gourley spoke a few words of sympathy
to be sent to Judge Malone's family. and
Mr. lie Barber added his word of
tribute. Cunneen will be sentenced next
Wednesday.
Eulogy by Judge RosaIsIy.
Trials in the parts of General Sessions
were adjourned for the afternoon. Judge
Rosalsky, who is presiding over the
Backer trial, eulogized Judge Malone,
saying: THE bench has sustained a
great loss, the community a faithful,
conscientious. able and fearless Judge
whose record as private citizen ana pub
| lice official Is illustrative of virtue.
honor. courage and integrity He never
faltered in his duty toward the people
and never betrayed their cause"
Judge Malone was born January 9,
1855, in Norwich. Conn. He was a grad
uate of Phillips Exeter Academy, Har-
ward and the Harvard Law School.
Admitted to the New York bar in 1891.
he was In the office Of Billings & Car
dozo for year or so, but was appointed
Assistant Corporation Counsel in 1894
and thus served until his election TO the
/ bench of General Sessions In the city's
legal department he had charge of the
| great mass OF lawsuits growing out of
the annexation of Queens county. and
later of contract litigation in general.
Although a member of Tammany. he
was indorsed for the judgeshp by the
/ Citizens Union. Upon his election he
\ announced that he had laid aside poll
/ tics.
Before he had held the office for a
year Tammany dropped the Judge from
1 its general committee. In his first years
on the bench he was known as one OF
the most. severe criminal judges in the
city.
Judge Malone Is survived by his wife,
who was Miss Mary Frances Reilly of
New York. and by five children. He
lived at 20s6 Fifth avenue. lie was a
member of the Bar Association, New
England Society and the Manhattan.
University. Harvard and Oakland Golf
clubs. He would have been a candidate
for reelection to the bench next fall.