The morning news. [volume] (Savannah, Ga.) 1887-1900, 1899-05-13
FOR ASSAULT TO MURDER.
Wallace Remanded and Fined for
DisorderIy Conduct.

The case of w. NJ. Wallace, charged win
assault with intent TO murder Charles Car
roll, was called in the Police Court yes
terday morning and the witnesses TO the
affair were examined by the Recorder.
Capt. ]. F. Cam appeared for the defend
ant. Wallace was fined 500 for disorderiy
conduct and remanled TO the Superior
Court for assault with intent to murder.
The offense with which Wallace was
charged was committed May and the
circumstances were such as to arouse the
severest condemnation of the aggressor,
IL appeared from the evidence given al
that time by eye-wi .nesses of the assault
that Wallace had overtaken Carroll while
the latter was walking down Whitaker
street and creeping up behind him in front
of the store of the Andrew Hanley Com
pany, had struck him several blows with
a loaded cane that he had been carrying
In his hand Carroll was fe.led with the
first blow, and after he had fallen was
struck and kicked several times by Wal
lace. He was unconscious for some time,
and had to to be carried into the store in
front of which the assault was commit
ted, and revived He was subsequently
taken to his home and attended by a ply
sician. His injuries while serious, were
not dangerous and he was able TO ap.
pear in the Police Court when the case
against his assailaut was called.
Wallace said at the time to the officer
who arrested him, Policeman Collins, that
he had intended to kin Carroll, and hoped
that he had succeeded in the attempt. He
added that Carroll had cursed his WIFE,
and that he would kill any -
who repeated the offense. Wallace gave
bond soon after he had been taken to the
station house. and the case against him
+, has been deferred until this time on ac-
count of the inability Of the prosecuting
witness TO appear n court.
The witnesses examined Yesterday were
Carroll, Mr.. John D. Robertson, Jr., Mr.
j. Fl. Oppenheim and Oretus Graham, a
boy of about II years The last was the
only eyewitness to the assault, with the
exception of Carroll himself, who was
examined by the Recorder, the others hav-
ing seen the wounded man only after the
assault had been committed, and he was
lyine on the sidewalk in front Of the store.
Their story of the crime was the same
that has already been given in the Morn
ing News.
No witnesses were examined in behalf of
the defendant, and the defendant himself
made no statement. From the evidence be-
fore Recorder Harridge there was but one
thing to be done. the imposition of fine
for disorderly conduct and the remanding
of Wallace TO the Superior Court for as
sault with intent to murder. The sentence
for disorderly conduct was a fine of 800 or
thirty days in jail. The fine was promptly
paid by Wallace, and bond given for his
appearance In the Superior Court.
Wallace and his attorney Capt Cam,
were very much surprised that he should
have been fined for disorderly conduct as
wel as remanded for the more serious
charge. Nothing of this kind had peen eX.
peoted by either of them. and Capt Cam
had labored under the impression that his
client was only undergoing a preliminary
trial on the charge of assault with intent
10 murder. For this reason he introduced
no witnesses, and did not permit the de-
PENDANT TO make statement. II is assert
ed that Wallace can prove positively that
Carron did both curse and abuse his wife
and that for this reason he anticipates lit.
tie difficulty in jusdfying the assault that
he committed before jury in the Superior
Court His attorney will probably enter ar
appeal from the judgment of the Recorder
in Imposing sentence for disorderiy con-
duct, on the ground that it is not warrant
ed by the facts of the case and that the
fine that has been imposed is unduly OK
cessiYe.