The morning news. [volume] (Savannah, Ga.) 1887-1900, 1899-12-08
WALLACE WAS ACQUITTED.
FOUND NOT GUILTY. OF ASSAULT
WsTH INTENT TO MURDER.

Months ASO-The Assault Was
Committed in Front of the store of
the HanIey Company on whitaker
Strcet-WaIIace Contended to the
Jury That His Wife Has neen In-
suited by Carroll and the Jury Ev-
identity Believed Him--A Verdict of
Not Guilty Was Returned in a Few
Minutes.
The case against William Wallace,
charged with assault with intent 20 muir
der Charles Carroll, was tried in the Su-
perior Court yesterday. and resulted In
an acquittal and discharge, after few
minutes elaboration by the jury
The assault for which Wallace had been
| indicted took place seven months or more
ago, in front of the store of the Andrew
Hanley Company at Whitaker and Pres
ident streets. Wallace assaulted Carroll
with heavy cane from behind and struck
him to the ground where for some min
utes he remained unconscious. The meth
cd in which the assault was committed
combined with some expressions that WAL
lace made use of at the time, excited much
popular indignation, and when the defend
ant was arraigned in the Police Court he
was fined $1OO by Recorder Hartr!dge. A
portion of this fine was subsequently, re-
mitted by the Mayor.
When the case was called in the Su-
perlor Court the state was represented by
Mr.. G. w. Owens and the defense by
Messrs G. T. & J. F. Cam. The state in
troduced several witnesses to show the
manner in which the assault had been
committed and the results. The content
ion of the state was that the assault had
been unprovoked and that Carroll had
been struck down from behind, as well
| without warning as without excuse The
! character of the instrument with which
/ the assault was committed was somewhat
| IN dispute, the states contention Icing
that it was a weapon likely to produce
! death and the defense stoutly disputing
| the correctness of such a view
! 1t developed from the testimony of the
| prosecuting witness that there had been
| a squabble between the Carroll and Wal
| lace families for ten years or more. Both
! of them reside on the eastern side of the
| city, on Gordon street, and are next door
! neighbors. 1t TRANSFERRED that day that
! passed without quarrel of some sort was
! an infrequent occurrence, the opposing po-
| littcal sympathies and affiliations of the
| lNO lIlNu DSlIS DQL one OF LIE many
! causes that contributed 10 the almost con-
| slant disturbances of the neighborf God
1t appeared that as far back as 1883, Car
! roll had been placed on the docket and
| a fine imposed on him in the Police Court
! because of some oppro brious epithets he
| had applied to Wallace's mother-in-law.
| When Carroll made his statement as to
| the assault that had been committed on
him by Wallace he was forced to confess
| that he had not seen his assailant and
| knew nothing of his own knowledge as to
| the weapon with which the assault had
| been committed He denied vigorously.
! though, that his own vocal attacks on the
i members of the family of Wallace had
contributed TO or served to excuse the as
| sault. ~"
The defense introduced no evidence, 9TH
er than the statement of the prisoner him
self. He stated that his family and him
self had been subjected to a series of per-
secutions by the prosecuting Witness that
| had extended over nearly a dozen years
and that had finally become absolutely
uncomfortable. He was in almost constant
dread, he stated, that some member of his
| family would become the object of Car
| rolls fluent use of profanity, and on many
occasions he had found his fears well
| grounded. Carroll had exhausted his in
genuity in devising means by which his
| neighbor might be tormented and annoyed
| and his existence rendered miserable.
The quarrels between the two families
! had reached their eliminating point a
| few days before the assault on Carroll.
| There had been several wordy spats and
| ON the morning of the Cay when the as
| sauIt took place, Wallace said he had re-
| turned to his home to find his wife dis
solved in tears and to learn from her that
| she had been cruelty insulted by Carroll,
| who had called her, according to her
| story, about everything of which he
| found his imagination capable. He had
| become terribly incensed and enraged,
| and had sworn vengeance on Carroll the
| first time he saw him. An encounter Oc-
CURED in front of the houses occupied by
| the two men, and the difficulty would have
been ended then and there had not Carroll
retreated.
Later in the day Wallace thought 1t
| likely that Carroll would swear out
| peace warrant against him, and went to
the Office of Justice Bevins to see if this
had been done. He saw Carroll
there and attempted to renew
the difficulty. He was prevented
from striking him, and when Carroll, aft
er time, left the office, he followed him
down Whitaker street, in the direction of
Broughton. Just in front of Hanleys store
he overlook him and struck him with the
cane. He was still wild with rage because
of the insulting epithets that had been ap-
piled to his wife by Carroll, and scarcely
realized what he was doing. He had not,
however, intended or desired to kill the
man he had assaulted.
/ The case was argued for the state by
Mr.. G. w. Owens and for the defense by
Capt. j. Ferris Cam. The arguments were
both able, and the jury was in possession
of the contentious Of both parties when the
case was finally submitted to them After
the charge of the court the jury retired
to its room, and but a comparatively few
oil bAafn Of
guilty was returned Wallace was the re-
cipient of number of warm congratula-
tons from his friends, who thronged the
court room.