Evening journal., 1899-12-08


cross-examination witness said the
man might have been running"
Thomas Wrench, another neighbor
passed Wallace's home on the morn
ing Of the murder botween 730 and 8
o'clock. He saw Mrs. Wallace gather
ing flowers in the yard Wallace, he
said, was standing near the feed ROOM
a short distance from the house, with
either hammer or hatchet in his hand
In cross-examination by Mr. Richards,
Wrench said he was sure that Wallace
did not have an axe in his hand.
Magistrate William r. Reynolds, who
knew Wallace, and who proved a will
ing witness, testified that on the after
noon OF the murder he was at the Mt
Pleasant railroad station, where he saw
Wallace seated in the waiting room
Going up to him witness shook his
hand and said: Il suppose It was an
accident" Wallace replied: You can
call It what you please" Witness ask
ed another question. 81 suppose you
did not know it was loaded?" Wallace
replied. 81 didn't shoot her. ! struck
her" In cross-examination by Mr..
Reinhardt, witness said that Wallace
spoke low. and after making the fore
going remarks said he did not care
to talk further just now
PROSECUTION RESTS.
At 4.40 Mr. Cooper informed the
court that the state rested its case.
Mr. Richards addressed the jury In
the outset of his speech he said that a
verdict of manslaughter would be ask
ed; that the murder had been commit
ted without malice in the mind Of
Harry Wallace. I'VE will put the de-
fendant on the stand" Mr.. Richards
said, who will detail to you how he
had lived with and had treated Mrs.
Perry as his wife. How he got up that
morning as usual and went to the barn
to feed his stock, and that after doing
so went back to the house and went
into the kitchen. Mrs. Walker, a neigh
Dor, was there. So was the colored
servant and Mrs. Wallace. Mrs. Wal
lace told him to go fix the garden fence.
He took with him an axe to fix the
fence and to cut off some boards He
laid the axe down i'm the yard, and go
ing into the kitchen sat down and ate
his breakfast with his wife and the lit
tie girl He ate as usual After
breakfast he went out and busted him
self again. He discovered that one OF
the horses had been driven hard on the
night before by a negro. How sometime
before he had made up his mind to GO
to Philadelphia that afternoon After
fixing the fence he intended TO husk
some corn. The little girl had gone ia
school then. He went toward the cup
board, where the nails were kept. A
hammer, which was a machinists ham
mer, used by him in the Baldwin Loco.
motive Works. was kept on the win
ldow-sill. Before he got the nails some
thing was said about the horse which
the deceased had loaned to the negro
the night before. The deceased said:
What are you going to do nOw2' anC
he replied that he was going to fix the
fence. He said: Come give me the S1(
which you have of mine, l am going tC
| philadelphia this afternoon" Sh,
lsaid. mol / won't give you $40 Al
the money | have is my own. / fee
more like killing you than giving you
the money" She picked up the ham
mer and threw it at him, and he
lodged Having an angry expression
on her face, she rushed at him and he
struck her with his fist and knocked
her down. She grabbed the hammer
and, getting up, raised il with botf
hands and attempted to strike him. II,
grabbed the hammer and struck her q
| low on the head From that time un-
| It'll he placed the hammer On the cup
beard he does not remember what hC
| did. Turning around he saw the wo
man lying on the floor. He supposed
/ he had done something wrong anC
started out, meeting the cOlored girl
with the intention OF going to New
ICastle and giving himself up. He walk
ed from his home, and on the way hi
saw William Raleigh whom he told tina
Mrs. Wallace was in a bad way an,
that someone should go to see her. HI
also met James Garten, and was con
ltinuing his way toward New Castl
when arrested. We will prove to yol
1.-THE good character this man has born
lprevious to this trouble"
| Court adjourned until this morning
WALLACE ON THE STAND.
Harry Wallace. the defendant. wa
the first witness for thed efence. H
told his story in a straightforward way
In the statement he said he was bori
near Leipsic. Kent county, fOrty-fou
years ago. On November he SAID n
got up at o'clock. Dressed, ealle
man" as he called her, went to fee
the horses. He saw the condition of tn
mare. Mrs. Perry was in the yard late
} and he called attention to the conditfo
lof the horse. "She said that was non
of my business, and that 1 was no us
, to her anyway. She went into tn
house. l went into the house later,
! he said, "and sat down on the staiI
/ steps and waited for breakfast. Sh
told me to go fix the fence in the gal
I den. went out and got the axe an
l hunted up the poles and Charlie Smit
T held the poles while L nailed them oi
, When we got through l went back Il
: ward the house and left the axe nea
e the yard gate. went in and sat dow
Y and ate breakfast. Mrs. Walker wa
there talking to NAM Mrs. Wake
@ was joking her about having brealSfai
late. When / got through 1 went ol
@ and watered the horses. Then l W;
@ going to fix another fence. l sa
Thomas Wrench or some man thi
I looked like him. went to the houi
J., for some nails. l looked up the ros
v and saw Ella Smith coming dow
lWhen I went in the houee IMAM ",