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

Maiioy. This indictment charges him With the
wilful murder of the deceased. You in the
performance of your duties are to pass upon
that question. The legislature has fixed the
penalty With that we have nothing 10 do.
You are upon the evidence TO declare as to
the guilt or innocence of the prisoner. No
graver duties can be cast upon body of in
teiiigent citizens than will rest upon you in
this case You will enter upon it with free
untrammeled minds. Weigh the evidence
as Won proceed in your Investigations with
care The attorney general discussed at
length the principles of Law applicable
70 the case. 1t appears that. on the
9TH day of October Thomas z. Mslloy,
resident of this State, was shot
by the respondent while in the act
OF searching a vehicle, occupied by the re
spondeni, " hich il was believed contained con-
traband liquors. Mr.. CIeaves read section
OF the statutes which allows an officer to
seize liquors in transportation without a
warrant, if he believes the liquors 10 be
transported contrary u Law. 1t appears that
on that day Mr. Malloy, accompanied bv Mr..
Cobb, found the respondent carrying liquor
contrary to law, as they believed, and at
tempted to search his carriage He asserted
that he was citizen of the United States,
and that they had no right to search his
"NGVb' AhNy F8pJsAuidtcu Win nun
and continued their search under the statute.
of the State He resisted and shot down one
Of the officers. Thomas f. MaIloy. Ii will
appear that the officers commanded that he
should not fire, and regardless of this. fred
two shots at officer Malloy, wounding him
mortally. We shall show that the murder
was Dremeditated, making it murder in the
first degree. The fact of his carrying a
revolver. should be taken into account. II
/ lift my revolver with the inten-
ton to kill and do kill, then commit muir
der in the first degree 1t does not need a
a month or week Of deliberation 1t will be
| demonstrated that the respondent did pre-
mediate killing in case Mr. Malloy should
attempt to search his premises or property
for liquor, We still maintain that there are
no palliating circumstances to reduce this
crime from the highest known in the statutes.
We shall show here that i'll will existed on
the part of the respondent against the officer
and that after it's commission expressed 10
emotion or regret. We shall also establish
the fact, gentlemen, that the suspicious of the
officers that liquor was in the wagon, we're
veil founded. and that after the killing
liquor was found in the vehicle.
The witnesses for the government were
sworn.
Deputy Sheriff Stephen Cobb sworn, test.
fed ~ reside in Chelsea, and was acting Al
an officer on the day OF the murder; saw the
respondent at the bar, on that day, near the
house Of Joshua Downs, on the road leading
from the Home TO Hallowell, and known a,
the Hall0weIl road; a lane leads into thi,
road near the Downs house; Thomas +. Nal
10y was with me on that days first saw tht
prisoner near the termination of the lane
frat - WaIlsp.. of NJ
house accompanied by his wife; they wer,
proceeding towards their wagon in front O.
Downs house; they entered their wagon
the two came out of the house together
spoke TO Mr.. and Mrs Wallace and passed
the time OF day with them; spoke to MIR
Wallace and told him that he appeared t,
have more than belonged to him; he did no
know passed on to the back of the wagon
which contained jars, bottles aud a box, til,
latter covered win packages; saw som,
packages In the box which appear,t
TO contain wbi,key; as put my han'
in, Wallace took my hand aud pull
ed it away; spoke To Mrs Wal
lace, and a.krd her to get out. she said
''don't touch me, Wallace wanted 10 know
what authority zee had to search his wagon
We toh hin, that w. were deputy sheriffs ant
had the pan, IS M uur pockrts; said he ha,
~ NV w "''t "" " 60 Wv ''N , u" TX !,
10 search prFa'e ci,'"en Mt "a'ioE sald
II we can search nun mere we WIN AT tn
ho''e' P"h 'na,, WI "a',"ce en,tteu III
, wagon caught Tue morse py 'he pi'S' ah'
"a,i'ce cotnlitnceu iaSnlug tHe ho'se'
"eih 10 'hV 'ur'e ""H ""'la'e N''u'
me SeN'r"' olp"s WIZ" t'e ""P
Inc morse "a Ms "tuRt''s iorc'' M
upon he "Htel 'urutu "f"uha
ana as oiu So 81" "'''c' n'N,,g tn't'oh
towards ms mp p",Ar'; "ear" M"hoN sa.
SeNer8i times ~" s"Oo'' SlePpe'
aronh' one slue o' Tue morse anu Sa'n
Arrest that man, quieNi NIitace raist'
ms revolver pointing II ~ me- jumped II
front "t the h"rSF sa" Mii'oF step toward
tne wall ana "a,lace p"iot the pistoi 'o"ari
Wan. ana hre hail"N sdi'' ~ ara shot'
ana ie'li "a" p,oou On ms iact Na!i'c
'urhSu agar" anu hIeu at 'ne I"hcu ollUer
sa" H. haa repeater anu jumper 'or al
race VINO brought MS pis'oi AROUND polh'lhi
AT me eaue' H. "rehchtn IL away
ana plsceu II IN my pocket "ailace wa
se'uhg out Oh tue team "heh TOOK ho'd
hlm ana ne attempted 10 Tear away nut
heia on 10 MN ms "He also ehuea'ote'
10 get MN ava! go' 'he reno" uo"h III
got holu OF me anu thought ne hau me out
broke away man came along IN a wager
ana commanded MIN 10 stop o'ner me'
came along ana he'p me Pu, tne prisoner 1t