Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1884-12-17

~" riurs. tutrt WAs OUT one scar IN II. ID
searching the wagon found box filing up
the space clear TO the seat; over it were tied
slack twisted lines; the box was full of small
parcels among which we're several pieces OF
calico; did not get hold of Mrs Wallace.s
ankle aud she did not tell me to let go of il ;
Wallace did not tell me not To insult his wife ;
after had searched the wagon Mr.. Downs
came down and commenced TO read my war
rant for Mr.. Downs, when Wailsce entered
the wagon and attempted TO drive OFF; did
not tell Wallace that didn't have a warrant
tor him; said nothing TO Wallace about q
warrant; told him that | was deputy sher-
fif; while was taking out my papers Malloy
was around the wagon doing nothing in par
| ticular; Wallace struck me three times while
lashing the horse, but sand nothing; after
Wallace had drawn the pistol he said, .sCobb
let go of my horse: !" don't know which way
the pistol was pointed then; Malloy was
standing at the rear out TO the right OF the
middle of the wagon; Mr.. Malloy did not
| draw pistol; Malloy went toward Wallace
and pulled his arm down; When Wallace
| fired, his arm was pointed directly at officer
Malloy and no one was touching his arm; it
seemed to me as though Malloy was feeling
around his coat pocket when Wallace fired
Z there was no struggle between the two men ;
some one was saying, ''dont shoot Charlie. .
/ IL was not Mrs. Wallace who said this; saw
what thought was a ound on Malloy's face
saw no pistol in his possession at any time
Officer Malloy was hit the first shot the
pistol was halt cooked when | took it from
/ Wallace; he aimed the pistol so that I could
look into the barrel; when got it one of my
hngers was on the cap between the hammer
and cap; Mr.. Downs was standing towards
the house | spoke TO him to aid me in TAX
/ ing Wallace; he made no remark and saw
thar he was attending to the wounded man
those who stood about the wagon scattered
when the shooting commenced; Mr.. Malloy
did not speak after arrived at the hospital
DIR. Lane was looking after the wound; saw
Mrs. Wallace drive up to the Home; Wallace
and his wife lived in little house at the cor
ner of the road where it turns towards Au-
gusta from the Home; when | first searched
their house they told me they had no liquor
and gave the good opportunity to search
coming out from the Home on the day of the
murder, Wallace repeated in sneerne tone,
II shall be satisfied when Wallace is strung
up" alleged to have been uttered BY Gen.
Stephenson; his conversation was largely
against Malloy; he told me that they were
endeavurinV to drive him to the wall: when
making search previously in his house
Wallace made similar talk to me; on return
ing from Augusta on that night, l entered
Wallace's house to arrest Mrs. Wallace
while was there she came; | arrested hel
and brought her to Augusta.
Redirect examination -
| saw a revolver in Wallace's hand before
Malloy placed his hand to his breast pocket
Thomas Malloy told me there was liquor il
the Wallace wagon; and that was whs
started the search.
Re cr0Ss-e1amlaatton -
1t was not an account of what Malloy tolC
me that We first went to Downs; | saw tht
bullet which was taken from Malloys body
it was found near the back bone.
AT this point MIR. Wnitehouse wanted t,
see the pistol alleged to have been taken from
MtllDy. Mr.. Cobb produced it and said i
was given to him by Joshua Downs. Non,
Of the chambers were empty.
Thomas Il. Weleb testified that he vas a
Togus near the Home the day of the shooting
saw Waliace's wife there; three teams cam,
along and the rear one occupied by Mrs
Wallace; met Mrs. Wallace and she calleC
me up saying, ''you won't go back on me vii
your" | took a bag of tomatoes from be
tween her feet and threw it out; she passe,
me bottle of rum
CToSS-eTGminatioa =
Stood by the Hospital when the team.
came around; they were about half way from
the barn to the Hospital when | first saw
them the guard house was about twenty rod
Off thought man in the first team had tn,
deirum tremens; met Mrs. Wallace a few
rods from the guard house; had visited Wal
lace's house preylously she handed me a DO,
and told me il was liquor which came from
drug store; Charles Wallace came up from
the guard house and jumped into the Wagon
with herr | told him il was no use for him I,
DO that as they would take him any way; un
Intentionally hit the horse with my hand
the wagon overturned, and Wallace tippe,
out; Mr.. Wallace did nor fall out; starte,
aud caught the horse; drove down 10 he
home with Mrs. Wallace and rode part of thp
way to Augusta with her; | visited Walac,
few days before the murder; heard hin
say | will see my lawyer and if he tells M
; that Malloy has no right to search I'll TAX
down my little gun and shoot him as | woul
dog.
Adjourned until o'clock this morning
, The handsomest game of polo ever seen il