The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1900-12-20
is NOW WITH THE JURY
FATE OF WIN. MALLADY. CHARGED
WITH MURDER. TO BE DECIDED.
An Effort to Impeach Witness for the
State Failed-Other Cases
i'm the Courts.

III late VI lllldln 1dAAdhS ia
with the murder of Leona Wilhelm. was
left in the hands of the jury shortly be-
fore 6 O'Clock yesterday evening. MALTA
dy's countenanee. which had been sober
during the day while the argument was
being made, changed after the jury retired,
and as he was led from the courtroom by
the officers he smiled occasionally and
contentedly pulled a cigar that had been
given him. At no time during the trial
did he show signs Of weakening, and the
strong testimony that may cost him his
life was listened TO with apparent indiffer-
ence. Judge Affords instructions were not
lengthy. but set out fully the duty of the
jury. The jurors listened attentively TO
the Instructions. Mallady was also a close
listener, and glanced first at the judge and
then at the men in the jury box. The ex-
preston of his face did not change even
when the indictment was read charging
him with the crime. nor when he heard the
death penalty that might be imposed.
The Indictment is in three counts The
first charges him with murder, the second
with murder and criminal assault, and the
third with murder and robbery.
THE ARGUMENT.
The argument in the case was begun
about 10 o'clock yesterday morning and
continued the rest Of the day. Deputy
Prosecutor Charles Benedict made the
opening argument for the State. He said
Mallady is a ''-self-eonvicted. self-con-
demned murderer" and that the circum-
stantial evidence against him was that he
had robbed and assaulted the body of the
woman after he had murdered her. The
conclusion that he was "self-convicted"
was based on the testimony showing that
Mallady had talked Of hanging in the
Michigan-Street roadhouse, and said his
friends would not see him again. His ar
eument was along the line of the evidence,
and he said the network the testimony
wove about Mallady was so convincing
that there remained no doubt that he was
Mrs. Wilhelm's murderer.
Pauper Attorney Amos Hynes opened the
argument for the defense. He attempted
to show the jury that Mallady was not
present at the time the prosecution con-
tended the murder was committed. He
recalled the testimony of witnesses who
said the girls who testified to having seen
Mallady and the woman near the west
end Of the bridge at 8 o'clock were in the
home of a neighbor at 3 o'clock. and at
that hour Mallady was. in Jacob Becktell's
roadhouse. His argument was solely to
prove an alibi.
AllOTH6y EIdnk 1tCnQFlCkS lOllOWGQ
Hynes with a similar but more lengthy
argument. He dwelt upon the heinous-
ness of the crime charged against Mallady,
and said II was too hideous TO think that
a mar In his right man could be guilty of
such a deed. He also reiterated the tes-
timony to show that his client was not
present at the time the prosecution says
the crime was committed.
PROSECUTORS WORDS.
Prosecutor Ruckleshaus closed for the
State. He said there was enough evidence
against Mallady to convict him If the
alibi defense were eliminated. Attorney
Hendricks had attacked the veracity OF
the girls who swore they saw Mallady
and Mrs. Wilhelm near the bridge, and
Prosecutor Ruckleshaus refuted his state
ment. saying the girls could have no rea-
son for giving such testimony if it We're
not true. He referred to the condition OF
Mallady's clothes when he entered the
roadhouse, compared the sane and burrs
found on his clothes with that matted in
the murdered woman's hair, and desig-
mated him as a "barrel-house bum" NAL
lady's character was ventilated before the
jury. The prosecutor said the evidence
and Identification pointed so strongly
toward Mallady hat there could be no
doubt that he was the murderer.
The defense closed its evidence without
putting Mallady on the stand. William
Hamilton testified that the girls who
swore they saw Mallady and Mrs. VIII
helm near the bridge were at his home at
0 O'Clock. Emma Russell, one of the
States witnesses who gave this testimony,
was recalled, and an attempt to impeach
her failed. Goldie Petty was a witness
called in an attempt TO impeach Emma
Russell, but this. too. failed.
Jacob Becktell, keeper of the roadhouse,
was not able TO be in court, and his depo-
sition was taken. He said Mallady was
in his place from 8 O'Clock till IL on the
night OF the murder, and that Robert Ar
mold, his bartender, put Mallady on a car
and sent him home He stated that NAL
lady was intoxicated, that he spoke of
hanging, and intimated that his knees
would not shake when he was hanged.
When asked h he meant by his talk
witness said Mallady replied, Never
mind"
Judge Afford remained in the Criminal
Court room until $3.50 o'clock last night
to be present in the event that the jury
should reach a verdict early. in the even
ing. No verdict was received. and the
Judge went home. so that If a verdict was
reached last night it will not be reported
until this morning.