The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1884-12-17
MALLoY'S MURDERER.
Wallace on Trial in the Augusta
Superior Court.
ATTORNEY GENERAL CLEAVEs
OPENING Address.

AUGUSTA, Dec. 6-The trial OF Charles Mer-
gan Wallace for the murder of Thomas F.
Malloy on the 9th of October, commenced in
the Superior Court today, Judge N P. White
house presiding. Attorney General Cleaves
and County Attorney HaiEes appeared for the
government, and e. W. Whitehouse for the
prisoner The entire forenoon was occupied in
impanelling jury.
General Cleaves commenced his opening adj
dress to the jury at 2.3O p. m.
He said that he regretted exceedingly the unfor-
tunate event that required his attendance before
Jury OF this county to engage in prosecution in-
volVlng the life of human being. The RESPONSE
plhties are grave and serious. but they cannot be
eyaded or Stunned by prosecuting officers by Judges
or jures The prisoner in this case is char ged with
being the guilty author Of the death of Thomas g.
Maloy by force and violence This Indictment
charges him with the wilful murder of the deceased
ana you IN he performance of your constitutional
duties are to pass upon that question. The egisa-
ture has fixed the penalty, and with that we have
morning TO DO, but you are upon the evidence to
ueclare the fact as to the guilt innocence of the
aecused No graver duties can be cast upon body
OF intelligent citizens than will rest upon you in
p iae investgation OF this case You will enter upon
II with free untrammelled minds. Weigh the evil
dence as you proceed in your Investigations with
care, and rem der verdict that shall meet the ap-
proya OF your own conscences and do Justice to the
accused, the state and to society.
he Attorney General discussed at length the
principles OF law applicable to the case. and d+fned
the burdens and duties that rest upon the govern
ment in cases of this character. The nature of the
proof to be offered by the State its weight and
character, was discussed the Attorney General
Claiming that it would show a cool deliberate
sedate and determined murder on the part of the
accused.
Deputy Sheriff Cobb, the off, ser who accom-
panied Mslloy, testified in regard to the shoot.
ing:
Malloy and were approaching Downs house on
the afternoon of the murderj Saw Wallace and wife
go towards their wagon; the wife entered: / at
tempted to search ii; found boxes lars and iuos
put no whiskey; saw what looked ike packages of
whlskey; Wallace wanted to know what authority
we nau TO search his wagon and we told him that
we were deputy sheriffs and had the papers in our
pockets; he sal he had got advice that men at the
Home mad no right to search private citizens. Mr..
nal!oy sau III we can't search him here we will at
the Home. Upon that Mr.. Wallace entered his
wagon, when caught his horse by the bits and
wallace commenced lashing the horse. L held to
the horse and alace struck me several blows win
the whip. The horse in his struggles forced me up-
on the wheel. turned around and as | did so saw
wallace making motions toward his hip pocket
heard Mslow say several times "Dont shoot";
stepped around one side Of the horse and / said,
arrest that man, quick" Wallace raised his re-
VolVer, pointing 1t at me and jumped in front of
the horse; saw Malloy step towards the wall and
Wallace point the pistol towards Malloy aud fire;
maiioy sald 70 am shot!' and fell; saw blood on
his face. Wallace turrei again and fred at the
staggering officer. Saw that Wallace had revolver;
jumped at him and wrenched the pistol away plae-
lsS ~ III my pOchob. NdiiaC6 was getting out of
the team when took hold of him. He ATTEMPTED
to tear away but held him and with the assistance
or pystanders got him intoa wagon passing by and
took him to the guard house and afterwards TO the
1ail: Malloy was taken to the Home hospital by
j shua Downs and the wounded died shortly
AFTER my arrival; On the way to Augusta Wallace
told me that he had had a grutge against Malloy
of several years standing. Malloy had elected his
wife from the grounds of the Home and done other
to the WALL
Thomas n WaIch taetif;ad.
Was at the Soldiers Home on the afternoon os
the murder, when three teams came driving up
from the Hallowell road; the one contained
Mrs Wallace coming from the scene of the murder;
she called me up to her wagon and passed me a
bottle Of rum and wanted to take care of it;
rode down TO her home with her; she took some
broken glass from her pocket, which apparently
came from bottle of ram which che had broken.
heard wallace say few days before the murder
that he should get legal advice, and if Malloy had
no right to search his house he would take his little
gun a-d shoot him like dog