The Wilmington daily Republican. (Wilmington, Del.) 1890-1902, 1899-12-09
GUILTY IN
SECOND DEGREE
Harry Wallace is so Con-
viCted. A Motion for a
New Trail Made in
Ills Behalf.

| livered at night session Of the court.
| The first witness Of tho afternoon was
! William Rawley. He saii he was 0 years
old, and that he lived near the Wallace
home. He said that on the morning of
| Novem bert 6 he saw Mr. Wallace, and he
| mother. as Mrs. Perry was SEX. In
eross-examination, the boy said Wallace
| was going in the direction of Smyrna, aud
was walking fast James Gartin Cf
| Tnwnsepd said that IN the morning Of
| November he saw Wallace half a mile
from his home. Mr.. Reinhardt asked him
what Wallace was doing at that limo
MI. Cooper objected to the question The
| majority Of the conrt thought the ques-
| ,ion proper one. The witness said Wal
lace was walking down the road toward
| him.
Peter Warner was called to tie 3tify to
Walluce's reputation for truth and verac.
ity. MIR Cooper objected, rs he pri oner's
reputation In TINT regard had not been at
tackled. The Objection was sustained and
| the defense closed
In rebuital, Ella Smith. the coloisd ser-
| want who testified yesterday was recalled,
and snid she did not see tho hammer in
the kitchen on tho morning of lie mur.
DOR Magistrate Reynolds was recalled,
and said Wallace said to him at Mt.
Pleasant: "lf l had gotten above the
bridge l could have hidden until night
and got away" The testimony of these
two witne SOS closed the testimony for the
state Mr.. Cooper In submitting his pray
err, rsked tho court tc define the differ
enco between first and second degree mur-
der; to charge that the action and use of
the deadly weapon implied maic,. and to
the question Of a reasonable doubt. Mr..
Richards presented the prayers for the de-
fence. Ho asked the court to define the
degrees of murder. lie further ked the
court to charge that malice must not be u
mere supposi ion Of the in y that tho use
OF a deadly weapon by the deceased re-
duces the crime tn manslaugh er.
Attorney Reinhardt in addressing the
jury impressed upon their minds that
they must confne themselves to the ev.
dence and not let their feeling enter into
the case.
"You must" said he "confne your.
selves to the task of searching out this
evidence produced, and find expressed
malice. You can't guess at it and you
will not find it in the evidence.
"The State wants you to guess at it,
and that's why they brought that skull
here. They wanted to horrily you by
showing you that loathsome, gruesome
object and rush you into a verdict of
first degree murder. must get that out
of your head, for you can't find the
malice required for that degree of mur.
der. The malice is not there. 1t is not
your fault that you can't find malice
where none exists.
"rhis theory of the States is a peculiar
one."
White Finds a Motive.
Attorney General White followed Mr..
ReinhaIdt and gave general review #
the case. He brought ont no new points |
except that he considered that Wallace
showed his vindictiveness by not curry
ing off the horse, which he claims had
been abused by the negro on the night
previous. This the Attorney General
claimed was the motive for the crime.
He also dwelt upon the theory shat Wal.
lace picked up the hammer from some
out building. and walked into the house,
where he deliberately slew Mrs. Mary G. |
torney General Cooper that Wallace sent
the school house to bring the little girl
home for the purpose Of gaining a start in
order that he might escape. In closing,
jury to not only do their duty to the
state and to Wallace, but "be true to
their God"
Wallace Il Good Listener.
While the prosecution was relating to
the jury the murder OF Mrs. Perry in all
its horrible and bloody details, the
prisoner manifested as much interest as
any one in the court room. He followed
with his small quick ewes every move of
the attorneys aud calmly looked on
when Deputy Attorney General Cooper
illustrated to the jury how the skull of
the murdered woman had been battered
aud broken by the blows inflicted with
TIE hammer.
The prisoner has shown no signs Of
breaking down but has kept tab on
everything that has been done. On sew
eral occasions he has leaned over and
conyersed with Tipstave Armstrong, and
once or twice has smiled. The Wallace
smile is most too ghastly to ever Le-
come fashionable among the four hun
dred.
Court Charges Jury.
Chief Justice Lore charged the Jury in
part as follows:
prove every material elemen OF the crime
CndIbtu. III illhllCe Is u uldltIldi |
element, and must be proved bey ond
reasonable doubt. 1t may be proved,
however, by any and all circumstances
surrounding the case, which show that
the act complained of, was the outcome
OF a cruel, wicked and depravcd heart
and was willfnlly and recklessly done.
II, after careful and conscientious con-
sideration OF all the evidence of this case,
there remains in your mind any doubt
of the proof of any OF the material ele-
ments OF the crime of murder, Of either
degree, you should give the benefit OF
such doubt to the prisoner. Such doubt,
however, must be reasonable, growing
out OF all the circumstances OF the case,
as disclosed by the evidence, and such as
would prevent reasonable men from
reaching conclusion to moral GER
tainty 1t must not be fancifu doubt or
one growing out of conjecture, specula.
tion or sympathy. Under these instruc.
tions upon the law it is now your duty
to determine from the evidence that you
have what your verdict shall be.
ali you believe from the evidence that
the prisoner killed the deceased with Sc.
date, deliberate mind and formed design,
then your verdict should be guilty in
manner and form as he stands indicted.
II, however, YOU believe that he did not
so kill the deceased, but that the mortal
blow was inflicted by him cruelty, reck-
lessly with Indifference to human life,
the law would imply malice, and your
verdict should be not guilty in manner
and form as he stands indicted, but guilty
of murder OF the second degree; but II
you should believe that malice did not
exist when he gave the mortal wounds;
then your verdict should be not guilty in
and form as he stands indicted
but guilty Of manslaughter, OF which last
named crime his counsel admits that he
is guilty"
The jury retired about 10 o'clock last
night and the Court waited until 10 30
o'clock for verdict. At that time the
Jury was locked up to remain until this
Continued on fourth pago'
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