Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1884-12-19
Wallace Convicted of Murder I'm
the Second Degree.
The Jury Agree in an
Hour and Twenty
Minutes.
Arguments of the Counsel
Completed at Noon.
Charge of Judge Whitehouse to the
Jury.

The third day of the Wallace murder trial
opened at Q A. NJ. yesterday, with crowded
house. There was q larger number of ladies
present than on the second day Mrs
Wallace came in and took q seat back of
Mr.. Whitehouse. She appeared haggard
and carewern, evidently much concerned 40
TO the result. The prisoner conducted him
self bravely as ever and did not display
the least symptom of nervousness.
W. II. Libby recalled: Heard the testi-
mony of the defendant yesterday, as 70 where
he purchased his pistol; the first store below
the postoface, on the upper side of the street
last March was a beer shop; next came q
barber shop, adjoining which was Mrs. An
drews millinery store; there is no hardware
store between Oak street and Winthrop, on
the upper side of Water.
Concentration Later than last March
there was sort of variety store established
on that side of the street; do not know that
revolvers we're sold there.
Mrs. Isabelle Knowles: Resided in Au-
gusta last march; there was q variety store
below the post-ofice, under Hotel North, last
March; entered the store several times and
examined the goods displayed for sale; there
were revolvers and cutlery in the stock did
not think about this store until heard MIR.
Libby testify.
Mr.. WhitehOuse's Argument.
At $50 o'clock, the testimony being all in
r.. w Whitehouse, Esq., opened his
argument for the defence. He said We are
row drawing to a close q somewhat long and
tedious trial. IL is necessary in trials of
this kind that you should be kept separate
from other men. 1t might be if you were
allowed to communicate with your fellow man
that the management Of the Soldiers Home
with all the power of the national governm mt
behind it would influence your verdict, and
do injustice to this unfortunate man.
The counsel enumerated the several YER
diets which might be rendered in the case.
The law against homicide is wise. II was
made for your protection and mine. 1t may
he immaterial that the prisoner at the bar
fought in the heat of battle for your country
and mine. But, it, in weighing the evidence
you may be undecided as to your course,
take into account the devotion OF the prisoner
to his country, and give him the benefit of his
patriotism.
The counsel defined murder in the first and
second degrees and Granddaughter, at some
length.
Because man is killed it is no evidence
that the SLAYER premeditated killing. If an
shot dead then | say the crime would be
manslaughter; il an officer being duly quail
fed, is in the discharge Of his duty, and shot
by pistol in the hand of another man by
accident, then 1t would be granddaughter.
The government does not attempt to show
malice in this case by the act but endeavors
to bolster it up by some one of the previous
acts Of the prisoner. They bring in WEIGH
who testifes that Wallace told him few
Al. IL. l. 4
shoot Malloy with his little gun. The testi-
mony of their own witness, O'Burns, dis
proved this, Mrs. Wallace also contrsdicts
it. II ii had been a fact Mrs. Wallace hand
ed Welch the liquor, the crowd of men
around must have known il. | say WEIGH
periured himself We don't know what inilu-
enees Iwere brought to bear upon him.
We, in this time of peace know but little
of military despotism. WEIGH testifes about
telling Mrs. Wallace TO change her dress be-
cause il smelled of rum. That is perfectly
ridiculous WEIGH evidently overdid it |
believe every particle of his evidence in re.
gard to the snot gun and taking of the liquor to
he false in every particular. Now take the
searching. SO these men had obtained COM
missions as deputy sherffs. We ask your
Honor to rule on this. The bond was not L.
gal and Geo. r. Stevens was not legally
sheriff. II he was not sheriff he had
no right 60 appoint deputies In or
der to search the wagon legally, the
officers must have reasonable cause to sup
pose that Wallace was transporting liquor for
illegal sale. Did they have reasonable csuse2
Until the 9th of October wsllace's character
was irreproachable. He had been down here
TO this place where they had lived since
the month OF June. This home had been one
OF peace until some tiend stepped in without
cause. This search warrant was issued.
The officers visited Mr.. Wallace's house.
They were received peaceably, Searched,
and did not find a smell of liquors. Not =
complaint do they introduce here to show
that Wallace ever sold liquor 1t is evident
that Cobb was doing dirty work tor someone.
What do we find was the probable cause of
meddling with these parties ? The only man
who made any complaint about this matter
was the man Malloy. 1--WE are officers Of
the law" says Malloy, at Downs house, and
in an overbesring manner the officers pro-
ceeded 10 search the wagon. What did they
find in the wagon9 No liquor. This man.
Cobb, sees \ big box in the wagon. He was
the only man who ever saw a box. What does
this box dwindle TO? Every witness that test-
tes, but Cobb. saws this was clothes bask
ct. False in one particular, false in all.
Now what did Cobb find in this basket. He
was so muddled he couldn't tell. Did he see
any uemQonns or bottleSt NO, ne saw some
jars for putting pickles in Rather poor ves-
sells to put liquor in to. The government
go clear to Massachusetts to show that Mr..
and Mrs. Wallace had liquor with them that
day. | claim that the officers having no war
rant had no right to search, You and have
the same rights. What does article 4th of
the constitution mean. That article says that
the property of the people shall be secure
from the reach of officers without reasonable
cause. We will proceed to consider whether
the testimony of Wallace was true. He came
to this city on the day of the murder to pur-
chase clothing and other articles. On return
ing he steps into the house of this man
Downs. Wallace tells you that he went into
Downs to get drink and tells what occurs
there. As Mr.. and Mrs. Wallace are about
to depart, COBB commences to search in
an overbeariug way. He pokes his hand
around under the seat, gets his hand into
package of sugar, Wallace protests, but
quietly submits to the search. When Cobb
commenced to read his paper to Downs, Wal
lace supposed that the search was ended.
The warrant for Downs disappeared. Is not
this significant Downs and his wife ap-
pear as witnesses for the government Joshua
Downs sold rum and continues to sell rum