New-York tribune., 1920-12-02
Jud &c Malone
FallsDead After
Charging Jury
James T., General Sessions
Jurist and a Brother of
Judge Edward Malone,
Victim of Heart Disease
Body Found in " ashroom
Was l3 Years on Bench and
Slated To Be Returned:
Many Courts Adjourned

Judge James T. Malone, of General
Sessions, died suddenly yesterday of
heart disease in his chambers in the
Criminal Courts Building a few min
utes after he had onplcted charging
the jury in the trial of Edward Cuneen
for murder. His body was found upon
the washroom floor at 1:45 p. m. by
Judge John F. Mcintyre, of General
Sessions.
Judge Malone had struck his head in
falling against jutting piece of mar
bic. DR.. Percy NJ. Litchenstein, of the
Tombs prison, was summoned.
Judge Edward Malone, 8 brother. who
was trying case in Queens County,
adjourned court and hastened to the
building. The body was later removed d
to the judges home at 2096 Fifth Ave
nue.. All parts of the Court of General
| Sessions were adjourned as soon as the
news of his death became known. Judge
Malone had been on the bench thirteen
years.
On his way to the washroom, where
he died at 1:45, he met stenogra.
pher in the hallway, who had been
! away on sick leave. II am very sorry
to know of your Illness" said Judge
Malone. ~ have missed YOU very
much"
AS token of respect to Judge Ma
lone the October additional grand jury
conducting the Travis investigation
adjourned. Judge Otto Rosalsky, OF
General Sessions. before whom the
trial Of George Backer, builder, was
being conducted. paid tribute tc
Malone upon adjourning court until to-
day.
Judge Malone was born in Norwich
Conn, on July 9, 1865, and graduaed
from Phillips Exeter Academy, New
Hampshire, in 1855; rrom Harvard in
1889 and Harvard Law Scnooi in 1900
His term would have Expired December
have succeeded himself, having beer
determined upon as the choice of both
Tammany and the Republicans. He
is survived by his wife and five chill
dren, two of whom are married.
Judge Malone was member of the
Bar Association of New York City
and the Manhattan University, Har-
ward and Oakland Golf Club.
Tribute by Magistrate McAdoo
Chief Magistrate William McAdoe
characterized his death as a public
calamity. Magistrate McAdoo said
He brought unusual and indeed super
eminent qualifications as judge OF
| General Sessions. He reached d YER,
high standard of excellence Us &
judge. as citizen, as a man."
Judge Malone had been scheduled te
try all police cases and was in charge
of the vice graft jury.
Judge Malone was consider red to bt
a Judge who was "out of politics." HI
showed this in his ~.ndling of man,
cases in which officials were involved
Once while presiding over Part "
OF General Sessions with a long cal
endar of murder cases pending, Judge
Malone adjourned court. declaring that
the courtroom was unsantAry and a
menace to health. T,!e courtroom was
an emergency one. He resumed court
the following day after the room had
been given thorough airing
The status of the Cuneen trial was
not affected by the judges death, as
the jury did not come back to the
courtroom for instructions. The case
had been completed and nothing re-
NAMED but for the jury to bring in its
verdict. Judge William H. Wadhams
received it. The jurors had been un-
aware of the death of the presiding
judge before the verdict was delivered
The foreman. Elmer II. Gour.ay, read
the verdict of guilty Of manslaughter
in the first degree, with a recommcn-
datiOn of clemercy