Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1884-12-17
FOR HIS LIFE.
Trial of Charles Morgan Wal
lace Of Togus
FOR the Murder OF Thomas r,
MallOy, October 9th.
The Forenoon Occupied In Draw
ing a Jury.
The Attorney General Opens the
Case for the State.

lowell road near the Soldiers National
Home, Togas, the afternoon of October 9th,
commenced at the court house at 10 o'clock
Yesterday forenoon. The details Of the muir
der are yet fresh in the minds of our citizens.
Mr.. Malloy, while in the discharge Of his
duty as an officer, was shot down in cold
blood by Wallace; the ride of the MORALLY
wounded man to the Home, in the arms Of
Joshua Downs, and past his own home where
his children shouted in their play; his death
coon afterwards, are all remembered
The court room was crowded with specta-
tors murder trial is not common occur
renee and curiosity always draws a large
number Of people in such cases. The Ken
nebec bar was well represented and many
prominent citizens were present in the room.
Attorney General Cleaves and County Attor-
ney Haines. counsel for the government, and
y. W. Whitehouse, Esq, for Wallace. made
their appearance promptly. Mrs. Wallace.
wife of the murderer, came in-early and oc-
cupied a seat within the bar. She was
dressed in black, knit hood of that color
covering her head. She frequently gszed at
her husband with forlora, melancholy look
There were several other ladies present.
Judge w. Y. Whitehousp, who presided,
opened the trial BY addressing the counsel
for the government as follows: ''Mr. Attor-
ney General and Mr.. Comfy Attorney we
are ready to proceed with the murder trials
Which murderer will you have tried first Mr.
County Attorney"
Charles Morgan Wallace was the reply
Mr. Sheriff place the prisoner at the bar. "
The Clerk called roll Of those summoned
As special jurors, the sheriff counting. Thir-
fy had been drawn from the western towns OF
the cnu ty; the object being to ccure those
a. far removed from the scene of the murder
~ possible.
At 1920 o'clock the prisoner entered the
court room, in the custody Of Sheriff
Ramsdpll. lie walked steadily forward and
did not appear in the least abashed at the
bold gaze Of the spectators. He was attlred
in a faded coat of black and pair of brown
pants He also wore "A thin overCoat, which
was removed on taking his seat bright
blue necktc and stand-up dollar surmountrd
his shirt bosom, while a pair of clean cuff.
encrcIed his wrists. His hair was nicely
parted and smoothly comhed down, and his
shoes were BACKED to a demonstration
Wallace appeared at his ease. and wa.
evidently deeply interested in the proceed
ings. Occasionally lac would glance towards
his wife, at the right, His look was as hard
and arrogant as ever, his character being
uumi>tskably, branded upon his face.
The Judge read section Of the statutes
which provides that in the case of prisoner
tried for his life the names of all the Juror
shall be placed IN the box and drawn there
from hv the clerk, and stating that the iury
on the railroad case was absent in the jury
room. inquired # there would be any obivr
tion to proceeding with the drawing under IN.
circumstances.
H. w. Whitehouse. Esq. the prisoner
attorney. objected, hut the judge ordered the
drawing to proceed
The clerk. after making the legal announce
ment proceeded to draw from the box Tn,
first name obtained proved to be that of Frank
lin w. Folsom. lone of the jurors absent in th,
Jury room. This brought smile to the face
of all, aud the judge said, Your motion tC
await the appearance of the jury is sustained
Mr.. Nhtehouse."
Following this long stay in the proceed
ings occurred to await the arrival of the jury
They did not appear until il.40 o'clock, anc
announced their verdict in the case of Worm
ell vs.. Maine Central railroad, awarding tn,
plaintiff, $4,000.
By order of the court the jury then stepped
aside aud the impaneling of the jury for the
capital case was proceeded with All the
names of the special jurors and those of tn,
regular traverse jury, numbering II, with the
exception of those absent were in the box.
The following jury was secured as \ result
of the drawing; w. II Chick. Monmouth
NJ. s Fifeld Manchester; l.. IL. Hammond
Manchester; Stillman II. Ring, Litchheld
Geo II. Sesvey, Farminglale; VIM, A
Hodgton. Farmingdale; Roscoe A. Bryant
Fayette, Geo. Fairbanks, Mt. Vernon
-Horatio c. Porter, Vienna !. J. A, Field Sid
ney Samuel w. Bishop, Wayne; W. II
Gilman.
The following were either challenged OF
excused; Franklin w. Folsom, Oakland
Joshua f. Davis Readfeld; Augusta,
Thomas, Mt Vernon; II. T, ID Wymau
Belgrade; c. c. Vosmus, Readfeld; Syl-
vesta Powell. Clinton; Simeon G.. Davis
Winthrop; Elbridge Blasdell. Rome; Ed
ward Z. Dunn. Augusta; Charles : Down
ing, Augusta; Frank G, pressey, Waterville
Thomas II white, Winthrop; W z, Blake,
oakland Chas J McCausland, West Gar
diner; VIM c Lincoln. Wayne; Alfred W.
Getchel, Windsor; J. 7. Folsom, Mon
mouth; VIM. +. Eldred, Belgrade: Freder-
lex joy, China; s. $. Willard, Read
field; Geo. n. Thurlow. Litchfield
The challeges. with the exception of three,
we're made bv the counsel for the prisoner.
Thomas II. White and w. P Blake were at
first accepted but after twelve men had been
lmpaneled were objected TO by the defense.
Messrs, Bishop and Gilman we're taken to ill
she vacancies. Mr. Whitehouse frequently in
terviewed the prisoner who objected to sever
al of the jurors One Of those drawn was sick,
another had conscientious scruples, third
had formed an opinion.
The Jury selected Geo. H. Seavey for their
foreman.
Alb P. NJ. the court adjourned luntil
2 80 o'clock.
AFTERNOON.
The court room was crowded with people
at the afternoon hour of meeting. Every
seat was taken as well as every foot of stand
ing ROOM
Attorney General Cleaves appeared for the
government He said that he regretted ex-
eeedingly the unfortunate event that re-
CURED his attendance before jury of this
court to engage in prosecution involving
me life of human being. The RESPONSE
oliitles are grave, but cannot be evaded or
summed by prosecuting officers, by judges or
lures. We cannot neglect the enforcement
et the law or nulify its penalties. most
nehious crime has been committed in your