Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1884-12-19

horse. What would you have done? wouldn't
you have dashed the horse and the officers
Wallace draws his pistol and fourishes it in
the air. He did not point il at Cobb. Cobb
jumped behind his horse. 1t was the act of
q guilty conscience. Cobb shouted to NAL
10y to arrest Wallace, standing by TO see his
minion execute his orders. Malloy steps up
and pulls Wallace's arm, when the pistol il
discharged. involuntarily on the Fart of the
prisoner. Cobb would have You believe that
Wallace leveled his pistol and took direc,
aim at Mslloy. Mr.. and Mrs Downs both
testified to this. This, gentlemen, would be
thrown the arm aside before Wallace could
FIRE. o Yes. Cobb could see all this,
through Mr.and Mrs. Wallace, the box, wagon
and all. How preposterou. Mr. Cobb
came back and seized this man, drew him
forciblv from the wagon. and finally secured
him. You know how all this was done, how
Perry came down and aided. Perry tossed
wallace into the wagon. and the latter
turned and said. perry, you are my next
victim What does this show? II demon
strates that either Perry was a yeritable
Hercules, or Wallace was idiotic. and
not responsible for what he was doing
The counsel doubted that Wallace made
the talk ascribed to him on the way out from
Augusta
/ say there is not an atom of evidence in
troduced here TO show that Wallace was at
enmity with Mslloy previous to the 9th day
of October. What Wallace said was entirely
against the officers Of the Home. and if you
will remember, Malloy was private citizen
up TO the 4th of October.
Mr.. WhitehOuse referred to the ordering
of Mrs. Wallace from the Home, and held
thar w ailapQ tank ha in he
matter. The counsel read the testimony Of
DR.. Hill in regard to meeting Cobb with the
prisoner on the Augusta road. and drsmsti-
cally related the story of Mrs. Wsllaee's
tramp to Augusta from TOgus and return
after the murder The testimony of George
Dietrich and Mathew Taylor was taken up.
and Mr.. Whitehouse claimed that their evil
dence conclusively showed that the pistol was
discharged while Malloy was pulling down
Wallace's arm.
Did not Jennie Downs, continued the conn-
sci, see double when she looked from the
window and saw Wallace aim? Was not her
| evidence warped? Was there not conspiracy
against the prisoner, backed by a power
which the counsel for the prosecution knew
not Of ! come to the evidence of Mr.,
Libby, the worthy deputy sheriff. | do not
charge Mr.. Libby with perversion Of facts.
IL would be easy for him to get an impression
! fixed in his mind, il might grow and grow I'M
til he became TO believe it fact.
| If then. you And these men were not act
ing as officers, then the prisoner is entitled to
discharge: if there was not probable cause
| for the search then you cannot bring in other
verdict than Granddaughter; if the officers
were in the discharge of their duty. then
gentlemen. you should bring in a verdict OF
msnslaughter, for the shooting was involun-
| tary on the part of the prisoner. If you find
that the murderer was laboring under hallu'
cination of mind, then it is your duty to bring
in a verdict of murder in the 2nd degree. d.
not bring in such verdict. gentlemen, that
| in the future you will experience pangs OF
regret, because of your connection with this
case.
The argument lasted an hour and a hall
and was listened to attentively by all.
Mr. Haines' Argument.
At II 80 o'clock, County Attorney Haines
entered upon the argument for the govern
ment He said: This is a case of great
magnitude and must be decided on the Law
and the evidence, and believe YOU ss rea.
sonsbe and intelligent men. will render q
just verdict. The case think you will cay
has been conducted with the utmost fairnes,
on the part Of the government. My ambi.
L
upon to take a part in such a case as this in
this courtroom In Stunning up the case
do not propose to appeal to your prejudices,
but simply ask you to render verdict in ac-
cordance with the facts. There is one poin,
| must refer to in starting out. The counsel
| for the defence has made an attack upon the
| officers of the Home and sheriff. of the coun-
ty. tie has endesvored to show an attempt
on the part Of these officers to hurt this man.
! This gentlemen, is unfair. He tried to arouse
your sympsthies by stating that Mrs Wal
lace walked into Augusta on the murder
! This know to be untrue Attorney White
house arose and objected have talked
with the man who brought her into the
city that night. The great question to be
considered on this case is that OF
malice aforethought The statutes provide
that homicide to be murder in the first degree
must be malice aforethought As | under
stand the law if man at the time of killing
has an intent to kill it is reconciliation and
murder in the first degree. 1t is not required
that a man have previous malevolence and
intent. The most perplexing question to a
| jury is often that of generalization. | start
out with this proposition, that If Wallace
raised his pistol with the intent to kill who
ever opposed his course, and mortallv wound
/ ed man it, was wilful murder. What are
the facts? The officers started out, duly
commissioned by the sheriff of Kennebec
county. They attempt to search Wallace's
wagon. Wallace was defiant and resisted.
What injury could Wallace and his wife ap-
/ prehend that the officers were to do to them
! Were they in any danger? Was there any
occasion for self defence? Wallace nigh,
have said, gentlemen, if you search my
wagon will take legal action, What did
he do? He takes the law into his own hands,
aims his revolver, shoots, kills.
| will take look at the witnesses. There is
Mr. Cobb, look at him, a gray haired old
gentleman. Do you suppose he had any
malevoence against the prlsoner9 or would
testify falsely against him2 say that Mr..
Cobb has remembered the evidence as we'll
as any man could. The trivial matter of a
box is not to be taken into account There
is nothing to show that Mr. Downs is a rum
seller. Whatever he has done he has never
committed perjury. He has stood up here
aud told the truth maufully and he is to be
commended for it. Mrs. Downs tells you
just what she saw and nothing more. She
tells you exactly what Messrs. Cobb and
Downs testified to. They put on witness.
Frank Downs. who eorroborstes the testimo-
ny of the government in every particular. |
wish to call your attention to the CONVEX
sation on the road and with Mr.. Libby. |
say without this in evidence. the prisoner is
Ia. -. - g.