Smyrna times., 1899-12-13
WALLACE MURDER TRIAL.
THE JURY RENDERED A VERDICT OF MUIR
DER IN THE SECOND DEGREE.
Must Stand Life Imprisonment for the Kill
ing of Mrs. Mary c. Perry, His
Common Law Wife.

the balance of his days in jail The
Oyer and Terminer Court jury, which
heard his recital of how he pounded
the life out of the woman, returned to
the court at 11.40 o'clock Saturday
morning with verdict of murder in
the second degree.
1t was not the verdict either the
State or the defense expected. Both
Attorney General White and Deputy
Attorney General Cooper believed the /
jury would find Wallace guilty of muir
der in the first degree, while the pris-
oner and his counsel confidently ex-
pected verdict of manslaughter.
The jury in the case retired at $50 |
O'Clock on Friday night after hearing
testimony for two days. The States
evidence against Wallace was most
complete, yet for some reason best
known to the jurors, they comprom-
ised on a second degree murder ver-
dict, a decision satisfactory to the
State. But not so to David J. Rhine
hart and Charles H. Richards, counsel
for the prisoner. They had defended
him with signal ability, and believed
that a verdict of manslaughter was
certain.
When Wallace was brought into the
court to hear the verdict of the jury,
his face was pallic. He looked upon
the men who had his fate in hand with
seeming great interest. When Clerk
of the Peace Foard inquired of Fore
man Miller if the jury had agreed upon
a verdict, and when the ''we have, :"
was made, the prisoner became quite
interested. Leaning toward the jury
box he heard the verdict of 'We find
the prisoner not guilty in manner and
form as he stands indicted, but guilty
of second degree murder" with appar
emily as deep surprise as did his law
yers, who occupied chairs almost in
front of him. The hope which had
before depicted itself upon his coun-
tenance disappeared. A look of deiec-
tion took its place, and as he was led
from the court room his despair found
expression in the words, 81 hope I'll
get a new trial. He also asked
"What's the sentence for murder in
in the second degree?" and when told
that it meant life Imprisonment his
curiosity was satisfied.
Saturday afternoon the convicted
man was removed to the Jail at New
Castle.
Trial Commenced Thursday.
The trial of Harry Wallace begar
Thursday morning and from beginning
to end was attended with more or less
enthusiasm and excitement.
The jury was as follows: Foreman
Lewis Palmer, Brandywine hundred
James Marcy, New Castle; Andrew ]
Lindell, Pencader; William Webb, Pen
cader; Robert f. Stevens, Red Lion
Thomas Lilley, White Clay Greek; Viii
liam H. Kelley, White Clay Greek; De
wees Craig, Christiana; George Echen
hofer, ST. Georges; John Peoples
Christiana; Everett Hollingsworth
Christiana, and Thomas F. Rutter
Pencader.
Ella Smith, colored, who was tn
first one at the scene of the murde
after Walker escaped, was the prime
pie witness at the trial. In the cours
of the trial Corner Vandever, DeteC
tive Witsil, Dr. Daniel McColley, Dl
J. Harvey Spruance, Charles Wake
Thomas Wrench, Magistrate W. /
Reynolds, testified. The most intel
esting part of the proceedings, how
ever, was when Wallace was put on tt
stand to testify for himself.
The Case In Small Compass.
The case was in rather small cor
pass. Wallace and his victim beir
the only persons in their house, ne
Deakyneville, Blackbird hundred, c
November 9th, last, when the killir
occurred Their 5-year-old child, al
the colored domestic, Ella Smith, hi
left the house, the child to go to scho
for the first time, and the women to {
to work. The woman returned to g
her pocketbook. and on the way ba
heard Mrs. Wallace scream and ss
Wallace come from the house.
told her to bring the child back
soon as she could and soon afterwart
she said, she saw him running in {
III road. She went to the house al
found the woman lying on her bac
her head in the chimney place.
hammer stained with blood and vi
bits of hair upon it was found in I
room, wrapped in piece of a woma
dress. Wallace was apprehended
Mount Pleasant and when spoken
ss there by Magistrate Reynolds adm
ted that he struck the woman.