Evening journal., 1899-12-09

ARGUMENTS MADE yesterday
AFTERNOON BY ALL COUNSEL
IN THE Casa NIGHT SESSION
LAST EvENING-JURY RETIRED
AT 10 O'CLOCK.
Peter Warner was the last witnessl
called for the defense at the trial oil
Harry Wallace for The murder oil
Mrs. Perry yesterday afternoon.
It was the intention of the de-
fense to prove the reputation OF Wal
lace. The state objected. because Wal
lace's reputation had not been at
tackled.
The state called "a rebuttul Ella
Smith, who said she did not see thel
hammer on the morning of the muir
der Magistrate Reynolds was called
and said that Wallace said to him all
Mt Pleasant, III ] had got above thel
bridge or canal I would have hiddenl
and gotten away
The pleas Of both the state and de-
tense were fled and Mr.. Cooper madel
his argument before the jury.
Robert H. Richards made The frstl
speech in behalf Of the prisoner afterl
which the court took O recess until
7.30 o'clock.
At the evening session of court lastl
might David j. Reinhafdt spoke before
the jury for the prisoner. la his state
ments he said that the state had failed
to prove malice Attorney-Generall
White followed Mr.. Reinhardt
and insisted that the malice
proved was IN the fact That Wallace
mad failed to curry of The horse
which his wife had loaned on the night
previous to the murder TO the colorel
man lie advanced the theCiy ihat theI
hammer was brought from some cf the
farm buildings into the kitchen where
he slew Mrs. Wallace Immediately after
entering.
Chief Justice Lore charged the jury,
in which he said, in part. that II was
incumbent upon the state to prove
levery material element of the crime
charged, and malice. in murder must
be proved beyond a REASONABLE doubt
/ il there is any doubt as 10 t.e proof
of any Of the material elements OF the
crime OF murder, Of either degree, the
| jury should give the benefit of that
doubt to the prisoner.
The jury retired at 10 O'Clock. and
the court remained for half an hour,
but no verdict was reached in that
time, and the twelve men were locked
Iup until this morning.
In the Court OF Oyer and Telminer
1.-THE Jury in the Wallace case came in
from the jury room at llAO o'clock
this morning.
Wallace was brought into the court inn
mediately afterward. Messrs. Rein
hardt and Richards were not IN the
|. court .s room ,n ngasa the tn jury cape-in -ang
ysyaiiare apbeaged % be - a s'sd
lfious mood-than at apg-tiae since tl&
trial was begun. lie was pale. amp
'11boaed about the room, especially at
{. tBe members of th6eba While waiting
hoIf his codnsel. When Mdssrs. Rein
harit apd Richards had .nrrived tine
lcodrt ordered chat the verdict be heard
. Clerk Of the Peace FQard asked the
4 usual questions, and Foreman Pahf8I
replied:
Not. gulity in manner and form ii-
] ldicted l'dt guilty of murder " the- seq
S 6nd d6gfeef
q s Mr Richards asked that the jury D.
3, lpOlled which 1was done The jury ytwa'
. then discharged until Monday Dioul
4 ing, and the special jurors from en,
5, further, attendance at this court
r While the verdict was being render
2 ed Wallace faced and looked directr
/, at the jurors as'caca 6nc dec'ared ,ha
d his verdict was that us stated by ih
foreman.
The verdict was reached shortly ate
nll1 o'clock The hitch on rendering
verdict sooner was over the inability G
determine between manslaughter an
lsecond degree. Two or three jurors hel
out for manslaughter Among the iirs
y ballots taken one juror voted for iirs
e degree.
The penalty for murder ia thc secon
y degree is life Imprisonment
leI Mr.. Richards moved for 3 neg tra
50 and asked that sentence be suspende
4 until next Thursday morning. hctci
y. which time 10 Is expected that cours
D will fle their reasons for a new aii
Thsdurors were retitent as TO hC
they Stood on the baiiots,taken. IL
lndeittood that twelve hRilots7 wei
Is ltaken The jury had been out twent,
Is i've hours and fifty minutes.
IN Wallace was taken-to The cells in 4
sgl lower F8i't -of the1CouIt H9Ns@ ar
L.
NJ being taken TO his cell In the Gou
OF House, he said he hoped he woVid g
d,la. new trial. and asked what was q
SIpenalty OF murder in. the second. d
gree.
GONTESTEB LICENSE CASES.
al W, s. Prickett stated thet Us. 81
~ ireadyito take up the contested hqu
~ ucease applications A remonsuan
~ was filed against Edward S. .Brool
~ who Is an applicant for license for
hotel at Port Penn. in which 10 "
Stated that Brooks was incapable
conducting respectfully, and has be
elintoxicated on several occasions. r.
nS Harry MitcheH.aWilliam Han, Hev
ny B. Cleaver and George Webb were ca
las ed to substantial the Detition
are Frank Biggs.. who represented 's;roo
NY presented a counter-petiticn conta
ting f6Tty-one Names Several Writes
- gave testimony in benalrsof Brooks.
81 q A reHonstTssice was filed against
RAJ Application fer Wholesale license
its James Davis. southeast corner sevei
int. land Scott streets, on the ground CT
ere ling n new place and .pct needed,