Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1884-12-18

4 1000 St@tNthAuSg M1E. m11Auy b8lU, w e VIII
take him down to the Home !" while Wallace
was lashing the horse be pulled out a revol-
yer. and nourishing it around, pointed il ut
at Cobb; Malloy was about thirteen feet
rom the wagon when the first shot was fred /;
Wallace turned in his carriage when he fred
ms second shot; / went to the assistance of
Mr. Malloy; helped him up towards the wall
from where he first fell; thought he wa.
dying; blood was fowisg from his mouth /;
MS clothing was oC fire and put it out; did
not see Malloy have a pistol until after he
cropped; found the revolver beneath him on
his left side, as though it came out of his
pocket; did not find it where he first
dropped, but on the spot near the wall where
he last lay; Malloy erawled about six feet
after he fell; struck on his left side saying,
MY God, am shot"
CToss-eI0Hltadtfon.- Nv allace ani his wife
came into my house to warm them before the
murder; they remained in the house five min
utesi Mrs Wallace took nothing with her
when she vent our either time; about two
minutes elapsed after they went out before |
went down to the lane; saw Mr. and Mrs.
Wallace in the lane; Wallace was in the
wagon and did not get out again until pulled
out by Cobb. when the first shot was fred
stood about % feet from the wagon back 10
the lane, Malloy being between me- and the
wagon; think | heard Mrs. Wallace say,
Charlie, stop; heard her say nothing else /;
my wife came to the door and said, Come
back Josh, or you will get shOs"; | saw the
discharge of the pistol; Wallace turned
around and fred the second time; should say
he fred at random; looked for the second
bullet in the walls and fences, but could not
find 1t; Cobb and Wallace had tussle over
the revolver; could not say whether Malloy
put his hand up to his breast; after Malloy
was shot thought ne was dying; he called
for water, and some ladies present bathed his
head; (Mslloy's pistol prodaced); identify
that as the pistol; picked it up under NAL
10y.
Re-dtrect-eIamtaatton.- Malloy to
the hospital; when Malloy and Wallace
passed. on the way TO the hospital, Malloy
said, my God, Charlie, what id ever do
that you should shoot me down"
Mrs. Joshua Downs testified: Saw the
shooting; saw no pistol in Malloy's hand /;
first looked out of the window and cav Wal
lace flourish his revolver aud point it at
Malloy saw the fash of the pistol called nay
| husband; finding Mslloy was shot took an old
comforter out and placed it under his head /;
said to him, Poor mani" and he replied,
my God, my wife and children"
Geo. Dedrick testified Witnessed the
shooting; live near by; first saw Mrs. Wal
lace drive about the length of the wagon, stop
and get out helped arrest Wallace; he was
kind of ugly, and pat my arm around his
neck and pulled him down; Mrs. Wallace
demonstrated with me and did not want me
/ to crowd her husband to the earth because he
had weak stomach. His story agreed sub
stantially with that of the former witnesses.
Mathew f. Taylor, taking the stand, de
scribed the shooting. His account did not
differ materially from the stories of the other
witnesses.
Re direct e1amtnatton-Mr Cobb had got
up to the side of the wagon when the second
report occurred.
f.. Holiness Was called upon by Mr.. Cobb,
at Mr. Downs, on the day OF the murder, rs
| WIS riding by the housr, to aid in taking
! Wallace down to the Home, which did ar
irving Mt the Home we took the prisoner tn
the guard house; there Wallace was left in
my charge, Cobb going away; Mr. Cobb had
been gone about a minute when Wallace
asked me if he could speak to his wife; he
went to tho wagon aud began to talk with
his wife; while he was talking Wallace
jumped in and the couple started TO drive oil,
Wallace lashing the horse; they had not pro
ceedpd fer when th. wagon was tipped over,
some one strIkinE the horse; the wheels
passed over Wallscy's legs and with several
other men rushed up and took him into Gus
todv.
Gen. Stephenson recalled and changed
his testimony by stating that the date on
which Mrs Wallace WAS ordered out of the
hall was in August instead OF May As, previ-
ously testified to; the clothing alleged tc
have been worn by Malloy at the time of the
shooting was produced, MIR. Downs was
called to the stand and identified the coat as
that worn by Malloy. Maloy's vest was ex-
hibited and Mr. Downs identified it.
The clothing was ruled out as evidence.
Mrs Downs being recalled by the defense
testified that she never told anyone that she
knew nothing about the shooting.
At 1920 the counsel for the government
closed his evidence, and the court adjourned
until o'clock p. NJ.
AFTERNOON.
There was no diminution in the number OF
spectators in the afternoon and many Togus
veterans were noticeable among them.
At o'clock P NJ, +. w. Whtehouse
Esq attorney for the prisoner, proceeded to
state the grounds of the defence. am glad
to say, he said, that it il not often have lis
tened to q case of such character in this
Court House. Mr.. Wallace appears arraign-
| ed before you twelve men, his peers and
equals, and in the light of the law is entitled
to your full protection. You are entitled to
find these four verdicts acquittal, man.
slaughter, murder in the second degree and
murder in the first degree. Murder in the
first degree must be premeditated. No little
frivolous statements made previous to the
commission of the act should be taken into
account. Manslaughter and murder in the
second degree were lucidly defined. Mr..
Wallace, said the counsel, on the day of the
murder had occasion to go to Augusta.
We shall be able to show that it was for legi-
innate purposes. On his arrival here he con-
suited both Mr.. Libby and myself as to the
right of the officers to search his house. We
shall show you that they had no liquor in
their wagon. If they carried liquor for their
own private use it is no ones business. On
their way home in the afternoon they made a
| friendly call on Mr.. Downs. When driving
away from Downs the officers stopped their
| team and commenced to search their wagon,
and, thinking they had the poor fellow i'll
| their clutches were overbearing and inso-
/ lent We shall show that while searching,
Nr. Cobb got hold of Mrs. Waliaces ankle,
| she ordering him to let 90; that Wallace ON
! taking out his pistol flourshed it in the air ;
I that Mslloy ran up, pulled Waiiace's arm
down. and the pistol was discharged. shooting
Mallov; that Wallace fred the pistol in the
serapI tfnnn shall fur-