The Portland daily press., 1884-12-18
MALLoY,s MuRDERER,
Second Day. Proceedings in the Tog,
Case at Augusta.

| Second Days Proceedings in the TogIis
Case at Augusta.
AUGUSTA, Dec. 1.-THE trial OF the Wallace
murder case was continued at q. m. to-day.
| William Q. Burns was the first witness called.
He testified that Wech went down to Wal
laees house with him on the Monday
| before the murder, but Wallace said nothing
| that Welch testified to Tuesday in regard to
| searching, and that he (Walace) would shoot
Maloy with his little gun
VIM. Fl. Libby testified to meeting the
prisoner on the street On tho forenoon Of
the murder.
! Wallace inquired of me il the officers had a
| right to search without warrant. / told him
could conceive OF times when they would
| he asked il officers would be required to show
papers. Wallace said that officers at the
Home were trying to drive him to the wall
He asserted that he was United States citi-
zen and should defend his rights, and said
that Malloy had insulted his wife
Deputy Sheriff VIM. z. Porter testified to
talk made by the prisoner on ths way to
Augusta after the murder. Wallace said that
he had grudge against Malloy for elk or seven
years, and ii he had gradge against anyone,
he held it for twenty years.
DR.. Scott Hill testified to making the posi-
mertem examination.
Governor Luther Stephenson, Jr, testified
that Morgan had appeared before the military
board and mads complaints against the home,
and that the board would not bear him be-
cause he was not member of the Home
ordered Wallace off the Home grounds be-
cause he had been stealing.
Jothua Downs, Mrs. Joshua Downs, George
Dedrick, Matthew E. Taylor, present at the
Tina OF the shooting, testified substantially in
accordance with Sheriff Cobb's story.
ph oid dad sn+ +olr;
to the Home, testified to wallace's attempt to
escape at the guard house by jumping into
wagon occupied by his wife and attempting to
drive off, that the wagon was overturned and
Wallace spilled out and again captured
AT 1920 o'clock the counsel for tho State
closed their evidence.
AFTERNOON SESSION
This afternoon E. W. Whitehouse, Esq,
counsel for the prisoner, opened with state
ment OF the grounds OF defense. am glad
to say, he said, that it is not often l have liz
tened to a casS of such character in this
court house. Mr.. Wallace appears before you
twelve men, his peers and equals, and in the
light OF the law is entitled to your full protec.
ton. You Can fad these four verdicls-ac-
quttial, manslsugbter, murder in the second
degree aud murder in the first
degree. Murder 10 the first degree must be
prsmedisated and M little frivolous state
men's made previous to the act should be
taken into account; manslaughter aud mur-
der IN the second degree he fully defined, and
closed with a statement of the facts
as he understood them and asked the
jury to render such verdict as shall give
them no p&ngs OF regret in the future.
Charles Morgan Wallace, the prisoner at the
bar, testified;
On the morning of the 9th of October. nv
wife and came to Augusta to purchase some
articles. While in Augusta met Mr. Libby
on the street, and knoTing that he was sheriff,
asked him ii thess men as deputy sheriffs had
right to visit my house and search it, I did
not feel altogether satisfied AZ to their right to
search, and l visited Mr.. Whitehouse's ctfioe
to consult him. I went home By the HaIlowsu
road rs before stated; called at Mr.. DowDs's
house; stopped as close to the door as [ could
get my wagon; got out and went In, stopping a |
few minutes. While in tbs house my wife
went TO the door, and returning said, The
officers are coming" said, "Lst them come"
aud we both went out aud get into the wagon.
The oflcsr commenced to search the wagon; I
asked him II they had warrant to search my
wagon, and they said mo-" then told them
to so away, when Mr.. Cobb took out papsr
and commenced to read | started to drive
away, when Cobb grabbed my horse, and
took out my pistol aud flourished it; Malloy
grabbed my arm and pulled IL down, and
while in the act the pistol was discharged.
MalioY then stepsed back, and holding the
temptedsto arrest me and We baoEquite tussle.
At the guard house at the Home 1 met Gov.
Stephenson and asked him. "Are you satisfied
now that this has come to focus" He said, !
Il hall only be satisfied whea you are struag
up did not at any time aim the revolver
at any ona; did not pull the trigger; did not
try to shove the pistol into Cob9's face; COBB
never told me at any time that he was deputy
sheriff. Saw MF. Msloy have pistol ia his
hand and saw him make attempts to draw it;
Y alloy -rA~5ly drew his revolver when as
lsshing aCese; Malloy took his revolver
out OF l., zssr pocket; Malloy had his re-
volger in assaand by his side; did not sec the
revolver in his hand until had fred.
Mrs. Wallace, wife OF the murderer, test.
6ed substantially in accord with Wallace's
story:
She said that they had no liquor in the
wagon at any time, and Cobb when searching
the wagon put his hand on her ankle, when
she exclaimed, "Mr. Cobb, yoa have gone far
enough"
Joseph Perry testified that hs placed WAL
lace in the wagon at Downs house by request
OF Sheriff COBB, and that Wallace told him
after taking his seat that he perry would be
his next victim.
At the hour OF adjournment Tonight the
testimony was all in with one minor exception,
and the case will probably be completed TO-
morrow.