Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1899-12-14
DELAWARE GAZETTE DEIAW1
David j. Reinhardt, his other attorney,

arrived.
Bailiff Fleming had brought the
fatal hammer and the broken skull of
Wallace's victim into the court room,
but removed them to the attorney-gen
erals office.
Clerk of the Peace Foard took the
verdict of the jury, and at the request
OF Mr.. Richards, afterwards polled the
jury, each man saying that his verdict
was the verdict announced.
1t was learned that the Jury took
about IL ballots, but other information |
was declined, the iurymen agreed among |
themselves to divulge nothing.
Upon the application of Mr.. Richards,
the court suspended sentence to allow
the defence to file reasons for a new
trial. Next Thursday is the limit of
time for the filing OF reasons.
Meanwhile Wallace was left in the
custody of the sheriff.
II hope I'll get new trial. said
Wallace to one of his bailiffs as he
was being taken to the cells.
Whats the sentence for murder in
the second degreeg" he asked. Second
degree murder means life imprison-
ment.
WENT TO Jury FRIDAY NIGHT.
The case went to the Jury few
minutes before 10 o'clock Friday night
on the charge of the court delivered by
Chief Justice Charles B. Lore
At Friday afternoons session,
Willie Rawley, 8 years old, testified
that he saw the prisoner on the morn
ing OF November 9Th, and that the
prisoner told him to get his grand
mother, rs Mrs. Perry was III. On
cross examination tine boy said Wallace
was walking fast.
James Carton of Townsend testified
that he saw Wallace half a mile from
his home and he was walking.
Peter Warner was called to testify to
Wallace's reputation for truth and
veracity. Mr.. Cooper objected because
| the prisoners reputation In that regard
had not been attacked. The objection
| was sustained.
The defence closed.
The State called two witnesses 10
Iebutal. Ella Smith, colored, who lived
the hammer in the kitchen before the
assault.
Magistrate Reynolds testified that the
prisoner told him that If he had got
above the canal he would have hidden
until night and then got away.
The State rested.
A few minutes was given to consider
ing prayers. One of the prayers of the
defence was that the use Of a deadly
weapon by the deceased reduced the
degree of the crime to manslaughter.
THE CLOSING SPEECHES.
/ About 3 O'Clock, Deputy Attorney
| General Cooper began his address to
IL kesl ttn..
summing up of the facts from which
sustaining the plea of mansiaughter.
He argued that the whole assault must
have occurred in half-minute, and
that something occurred that has not
been told. Mr. Cooper's reasoning as
to the black and blue arms of the
deceased was that they resulted while
she was protecting herself from Wal
lace's attack. The prisoner himself
said that he knocked her down. Mr..
Cooper iidiculed the idea of the pris-
oner's having no remembrance of the
assault after the first blow he struck
with the hammer.
Tho deputy attorney general gave nc
credenue to the prisoners statement
that Mrs. Perry struck him with the
hammer.
Robert Fl. Richards spoke for about
, an hour in behalf of the prisoner. His
was fine effort, for which he was com
plimented.
A recess was taken until 7.3o in th,
evening.
David ]. Reinhardt delivered th,
closing address for the defence, arguing
for q verdict of manslaughter ant
claiming that it was the only verdic
J to be found under the evidence.
+ Attorney General Robert g, Whit
closed for the State about 8 O'Clock.
CHARGE OF THE COURT.
After comforting about 35 minutes
the court delivered the eharga.
D The degrees of homicide were define
and rules of law laid down. Part G
the charge fellows: 1t is incumben
upon the State to Prove every materia
a element OF the crime charged. l
Q murder, malice is a material element
K and must be proved beyond reason
Q able doubt 1t may be proved, how
v ever, by any and all circumstances sur
|, rounding the case which show that til
act complained Of was the outcome a
It ayoruel, wicked and depraved heart an
o was wilfully and reoklessly done.
Q Ii after CAREFUL and constellation
y consideration of all the evidence {
b this case, there remains in your min
It doubt of the proof of any of Ii
material elements OF murder Of eithl
Q degree, you should give the benefit {
d such doubt to the prisoner. Sue
!: doubt, however, must be reasonable
70 growing out of all the circumstances
u the crime, as disclosed by the evidenc
10 and such as would prevent reasonab
men from reaching conclusion for
{. moral certainty. 1t must not be fancis
N proof, doubt, or one growing cut
conjecture, speculation or sympath
IS Under the instructions upon the law,
re- is now your duty to determine from Il
at evidence that you have what your We
dict shall be.
r II you believe from the evidence, tn
u the prisoner killed the deceased wi
u sedate. deliberate mird and form,
design then your verdict should
10 guilty in manner and form as he stan
sd indicted. If, however, you believe tn
at he did not so kill the deceased, b
ID that the mortal blow was inflicted
n hun cruelty, recKlessly, with indifferen
u to human life, the law would imp
Malice, and your verdict should be n
re guilty in manner and form as he stan
nd indicted, but guilty of murder OF t
O. second degree, but if you should belle
ng that malice did not exist when he ga
to the mortal wounds, then your verdi
ty should be not guilty in manner a
form as he stands indicted, bat gull
Id OF nsnslaughter Of which last nam
Ter crime the counsel admits that be
ce guilty.
The Jury retired about 9.55 o'cloc
ow and not having reached q verdict
ice 10. 80 O'Clock, was locked up for t