Year: 1873

1


THEIR FATHERS DEATu-ATTEMT TO
KILL PRISONER IN THE DOCK.


PHILADELPHIA, October 2S-While
Judges Paxson and Ludlow were on the
bench in the Oyer and Tcrminer Court
to day, striking episode took place
| The case on trial was that of lanes
kingsmill, charged with the murder Of
Francis Malone. james L. Neverin was
addressing the jury on the part of the de
fence, aud urging with fair show of snc
cess that his clieut had struck the fatal
blow iu self defense. The prisoner was
likely to be acquitted even of the charge
OF manslaus the minor offense, for
which alone the Commonwealth was pres
sing, and was sitting in the iuclosed dock
with satisfied expression on his face,
when young man was seen to pass up
the main aisle, which is closed by the
back Of the dock and opens into the space
occupied by the lawyers aud jury. The
stranger stood against the railing Of the
gateway, and it was thought by an obser
want juror that his fixed and vindict:ve
gaze at the prisoner, who sat a little dis
tance off, had more significance iu it than
that of a mere locker on. lie called the
attention of one of the officers of the court
to the man. The tipstaff addressed the
usual questions to the stranger as to whe
ther he was juror or a member Of the
bar, and the reply being in the negative,
told him he must go back and take his
seat or go out. Refusing, the officer
climbed down out of his seat by the dock
and opened the gate with a view to pass.
ing out and compelling the intruder to
take his seat, when with bound and
vicious push the young man spraug past
the official through the gate, dashed
round to the rail of the dock, aud, with
yell of rage grasped the prisoner, who had
his back to him, by the collar with one
hand and with the ether whipped out
villainous looking dagger from his bosom,
and made terrible luuge with it at his
would be victims throat. His rage was
SO great, however, that the swift blow
struck wide of its mark, and expended it
self in the air. He had thrown the whole
force of his strength into the attempt. and
before ne could recover for u second blow,
second officer seized his appraised arm
and with the assistance Of other trp slaves
forced the murderous assa!laDt away, still
kicking aud struggling with the strength
aud viciousDeSs Of a madman. The pris-
oner sprang terrified over the railing of
his dock and couched trembling under
the Judges desk. Meanwhile the in
struggle with the officers, brandishiug his
weapon and shrieking imprecatons and
threats at the poor prisoner While the
struggle was going ou, another young man
was seen to come up and join in it against
the officers and take the knife away, and
it was then lost sight of. He too was ar
rested, as was third man who had made
a demonstration.


The most intense excitement prevailed
in the court room, which was crowded to
excess by those interested in the pending
murder trials, and all was in confusion :;
the judges voices trying to restore order
were UNDECIDED. Inquiry brought out
the facts that the three men arrested were
sons of the deceased, for whose murder
the prisoner was on trial. John, Henry,
aud Francis Malone were their names
John was the wielder of the dagger,



Henry snatched the weapon away, and
Francis concealed it, Commitments were
made out aud the three brothers were
seut to the county prison. The motive
for all this arises in the revenge felt by
the three sons of the deceased man against
the alleged murderer, for whom his couD
sci, it was plain to be seen, was about to
secure ..an acquittal, as the result of the
trial subsequently, proved.


The jury subsequently, brought in
verdict of "Not Guilty The whole
Malone family are fighting men, and the
deceased had served term of imprison
ment, many years ago, for the crime of
murder in the second degree. The ac-
quilted man was so alarmed by the threats
made against him that he asked TO be
sent to prison.


Proverbially So.