Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1884-12-18
second Bay OF the Wallace MUIR.
der Trial.
Counsel for the State Rest Their
Case at Noon,
The Testimony Practically Closed
Last Night.

6rst The crowd was IN attendance and oc-
cuped all the available standing and seating
.pace. The prisoner, followed by his coun-
.el. came in at o'clock, A. NJ. Some half
dozen ladies' were present during the day and
Mrs. Wallace. who sat just in the rear OF the
prisoner's counsel.
william O'Burns, residing in Chelsea, ties.
,sed. | was down TO Mr.. Wallace's house
The Monday before the murder; / was talk
inc 10 Wallace about old times and he told
me that he wished ne could treat; Welch
vent down with me to Waliaces; heard Wal
lace say nothing that WEIGH testified to yes
terday in regard to searching and that he
you'd shoot Malloy with his little gun.
William H. Libby testified: ~ was acting
"a deputy sheriff last November; had con-
yer.ation with the defendant on the forenoon
AZ the murder 10 regard to search and seizure;
the prisoner accosted me 10 front of the post
of3ce and wanted to know who appointed
these officers at the Home; / told him that
thew we're appointed by Mr.. Stevens as depu-
ty sheriffs he further inquired II these men
had right TO search without warrant; said
I could think of cases where they might
search; asked If they were obliged to show
papers; he said that the officers at the Home
were irving to drive him to the wall; he as
serted that he was United States citizen and
was going to stand up for his rights; he said
Malloy had been appointed to push him and
that Malloy had endeavored to turn the Off
GERS of the Home against him; ! told him
did not believe the officers of the Home
would act unjustly; he further stated that
because he had appeared before the military
board at the Home, Gen. Stephenson and the
other Home officers were against him said Mr..
Malloy had insulted his wife; he talked very
rapidly and and was evidently much excited.
VIM +. Porter, test fed Am member
of the Home; first saw the prisoner at the
bar on the day of the murder, near the guard
house at the Home; assisted Mr.. Cobb in
handwriting him at the Home and bringing
him to Augusta; coming out Wallace wanted
10 stop at his house; we stopped and Wal
lace and his wife held hurried conversation ::
on the way out, Wallace told Cobb that once
he had been a friend to him, but since he had
gone into this business, did not feel friendly /;
Wallace further stated that he had had a
grudge against Malloy for six or seven years
and II he held a grudge against any one,
would remember il for 20 years; he spoke of
coming 10 Augusta and consulting an attur-
ney, and said that he woulG have his rights /;
he wished it had been Gen. Stephenson in
stead of Malloy who was shot
Gross Examination The prisoner showed
considerable excitment in coming down to
Augusta; meeting MIR Cony's team he held
up his hands and exhibited them to the driv-
er: Cobb asked Wallace, "what has Malloy
ever done that you should shoot him. al
most in the same breath Cobb further said,
.'Yon are not obliged to answer anything 70
criminate Yourself"
Geo e. Stevens, testified | was sheriff
of Kennebec county on the 9th of October.
Cubb's commission being exhibited, Mr..
Stevens identified the signature appended as
his.
The counsel objected to Cobb's commission
being put in rs evidence on the ground that
Geo Il Stevens had no right to grant com-
mission. He said that so far nothing had
been put In to show that Stevens was sheriff
when Cobb's commission was issued the first
of October; that he did not understand that
Stevens could act in any such capacity.
The counsel for the State put in as evidence
Stevens certificate rs sheriff from the Secre-
tary Of State.
Mr., Whitehouse objected to this, and
further held that Stevens had not complied
with the conditions of the statutes. The OBJ
jections were overruled.
Dr. Scott Hill testified made post NOR
TEN examination of Malloy's body on the 9th
dav of October; arrived at the Soldiers
Home about I o'clock on the afternoon of
the day of the murder, fonnd Malloy dead !;
examined the wound: it was about an inch
and half above the left nipple and half an
inch TO the outside; il was q very small
wound: found no other abrasions on the
body; DIR. Lane assisted me in making the
examination; cut through the chest and
Al. a.. ID ~ .,I kx,a hsxlla nm
the other side of the sternum, found where
the bullet had passed through, and saw hole
in the lung; found hole through the lover
lobe OF the lung, and the chest was filled
with blood; turned the body over, and DR..
Lane, passing his hand along the back, felt
the bullet with his hand; | then took a
scalpel and cut the bullet out.
Dr. Hin exhibited the ball. and further
testified that the man came to his death on
account of wound made by the bullet.
Wsllace's pistol being produced, the bullet
was inserted in the muzzle to ascertain if it
fitted.
Cross Examination. On my way out to
the Home met Cobb with man whom he
told me was the murderer; Cobb further
said You need not hurry the man is dead; |
asked how it happened. and he answered che
was shots" then proceeded on 10 the asylum;
found no disease about Mallny, and the death
ct the man was undoubtedly caused by the
wouud Of the bullet. found the bullet be-
tween the seventh and eighth ribs we probed
the wound aad ascertaiued the direction of
the bullet; it seemed to have come from
above and the left.
Attorney General Cleaves offered the Wal
lace pistol as evidence. The counsel for the
respondent objected, but the weapon was
admitted,
Mslloy's commission was put in rs evil
dence by the government. Sheriff Stevens
being called to prove its identity. The
ccuasel for the defence objected to it on the
ground that Malloy was not n resident of the
State when the commission was issued
Gen. Luther Stephenson Jr. testified
have acted as governor of the Home for the
past year; know the prisoner at the bar; he
mas been an inmate of the Home during my
administration; have known him since last
spring; eonversed with Wallace the 10th of
May last, in regard TO the ordering of his
wife from the hall; he complained TO me
because Malloy ordered his wife out; l told
mn that Malloy was acting under my orders.
Cross Examination. saw Malloy before
The examining military board; Morgan came
IN and commenced making complaints
against the Home because his wife had been
sent away; the board would not hear him at
any length because he was not a member of
Tue Home; Wallace held because he was
an old soldier he had right to attend the
amusements, even if he was not a member of