The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1900-12-19
TIGHTER ABOUT MALLADY
TESTIMONY OF THE STATE FIN
IsHED IN THE MURDER TRIAL.
A Point Scored Against the Defense
in the Exclusion OF Evidence
-Other Court Cases.

t 0AAo
to the jury Pauper Attorney Hines, for the
defense, said their testimony would show
that two men were seen with Mrs. Will
helm west of White river bridge between
10 and IL o'clock on the night of Oct. "a.
more than two hours after state witnesses
said Mallady was seen with the woman
and an hour later than the time he entered
the house on Michigan street where he
cleaned mud off of his shoes and clothes.
Tillie Osborn, who lives near the west
side of the bridge. was the first witness
for the defense. She testified to having
seen a tall and short man and a woman
standing near the bridge about 10 o'clock
She identified one of the men as Mallady.
She also said she heard screams coming
from the bottoms afterward.
Barnard Osborn, Tillie Osborn's husband.
and Sarah Clark, who also lives in the
vicinity, c~orroborated Mrs. Osborn's story
with the exception of Identifying any of
the persons.
%neighbors of the Wilhelms, were placed
on the stand to testify as to the family
relations in the Wilhelm home. Each wa
asked if he ever heard John Wilhelm and
his wife quarrel and if he had heard VIII
llICdlCh " hAI "a
cutor Ruckelshaus objected to the wit
Desses answering these questions and was
sustained in his objection by Judge Afford.
Attorney Hendricks had the court stenog-
rapher insert his exception to the judges
ruling. Weevy was also asked If he could
testify to Wilhelm having been in the In
sane Hospital a short time before Mrs.
Wilhelm was murdered. to which Judge
re1-1 x,&os~1 +l> C+.f1sc nhfnnffnr on6
exception was taken. The exclusion of this
line of testimony placed the defense at a
disadvantage, as they had relied upon evil
dence against Wilhelm showing that he had
frequently threatened his wife as being
strongly in Mallady's favor.
WILHELM ON THE STAND.
The defense then placed John Wilhelm.
husband of the murdered woman, on the
stand. He said he had been with Mallady
during the forenoon preceding the night of
the murder. He said they drank beer to-
gether.
ION the forenoon of the oath day OF Octo-
Der were you not with Mallady, and did
you not get a barrel from a place at the
corner of Georgia and Pennsylvania streets
and sell it and tell Mallady that you knew
where you could get more barrels?" asked
Attorney Hendricks.
mo, sir, / did not" replied Wilhelm. 81
bought a barrel Of a negro for Is cents and
sold it for 40 cents"
81 will ask If you and Mallady did not
return to the corner of Georgia and Penn
sylvania streets and get two more barrels
and sell them after you had sold the first
one?"
mo, sir"
~ will ask you If you did not return in
the afternoon and get three more barrels?"
INC, sir"
81 will ask you If you did not go back
again in the afternoon for more barrels and
the proprietor of the place ran you away
and Mallady stayed?"
mo sir. / did not. All the barrel / had
was the one / bought from the negro"
Did you give Mallady any of the money
you got for the barrel?"
ST kept a quarter and gave him 10 cents"
"And you did not get three barrels and
sell them for 70 cents to a commission
house on Maryland ~street?'
"No, 1 only had one barrel"
The witness was then dismissed and court
adjourned, the defense not having any
witnesses.
AGAINST MALLADY.
The States witnesses yesterday gave
strong evidence against Mallady. Mrs.
Anna Cook, who was in the road house
when Mallady entered on the night of the
murder, was the first on the stand in the
morning.. SHe lSobAAiCQ W oiAoN v
entered the place about 9 o'clock on the
night of the murder and that his shoes and
clothes were muddy, corroborating the evil
dence of Katie Heller, who was on the
stand Monday. She said Mallady claimed
to nave fallen from a street car and rolled
down the embankment at White river.
Robert Arnold, bartender at the road
house, told the same story as Mrs. Cook.
He said Mallady gave him money for
=. 4@a4 IL Lee Gfnfn1 %L4
Mallady wanted some silver money
changed into paper money. Relating to
Mallady's action at the road house, wit
ness said: He was somewhat nervous, and
offered me 81 if / would lodge him for the
night. When / told him. had no room, he
offered me 81. Then Mallady remarked:
IF old Bill was arrested tomorrow, you
would not bring him a chew of tobacco
When he left he told US it was probably
the last time we would see him there"
The defense TO show that
drunk at the time. was not responsible for
what he said. Judge Afford excluded the
defense's testimony.
IDENTIFIED MALLADY.
J. F. Sterling. conductor on a West
-Michigan-street car, recognized Mallady
as his lon passenger on his n:40 car on
the night Mrs. Wilhelm was killed. He
said Mallady boarded his car at the west
end of the bridge and got off at West
street. He was positive Mallady did not
fall off his car. Attorney Hendricks showed
that Mallady was on the car after he had
been in the road house.
William Lewis, restaurant keeper on
West Washington street, and John Shar-
key, 312 West Washington street, testified
to Mallady being in the restaurant and
eating a midnight lunch. They said he was
intoxicated and told Patrolmen Johnson
and Mullen not to arrest him as he 'only
had a small load of peaches on" Sharkey
said he heard Mallady mutter WELL, the
fires out"
Mrs. Oehler. Mallady's landlady, is Ill
and not able to be in court. but the attor-
neys agreed that he did not get in until /
o'clock.
Columbus Perry, Moses Anderson and BIZ
cycle Policemen Schroeder and Hauser tes-
titled 10 finding the body. Perry said the
body was half naked and that there were
finger marks on the woman's throat. The
officers said the pocket of her dress was
found fifty feet from where the body was
lying, and that the burrs in Mrs. Will
helms hair corresponded TO those found
on Mallady's trousers
There is every assurance that the case
will reach the jury not later than to-mor-
row noon and il may be finished by to-
night. An effort is being made By the State
&c get a verdict for capital punishment.
~