The Richmond palladium and sun-telegram. [volume] (Richmond, Ind.) 1907-1939, 1913-04-05
Affidavit Filed Charging AS
sault and Battery With In
tent to Commit Voluntary
Manslaughter.
RESULT OF HITTING
KILLING WITH IRON
Injured Man Formerly Lived
In Rushville and at One
Time Was Charged With
Murder, it is Said.

The charge of assault and battery
with intent to kill against Joseph
Wallace was changed to assault and
battery with intent to commit volun-
tary manslaughter this morning and
Wallace was taken in custody by
Sheriff Bayer at the City building.
The defendant is accused of as
saulting Jesse Killing on the after
noon of March %. in the barn of For
est Munger on North Fifth street,
near d street. Killing was assaulted
and struck over the head with an
iron bar by Wallace, who is said to
have committed the crime without
any provocation on the part of the
man who was hit. Had il not been for
the heavy felt hat worn by Killing,
he would have been murdered, as the
blow was struck with a force suffi-
cient to kill, according to the prose
cutor.
1t was first decided to try Wallace
in the police court on a charge OF
assault and battery but after an in
vestigation by Prosecutor Keller the
charge against Wallace was changed.
Employed by Munger
Killing is employed by Forest Num-
ger as a teamster. Wallace is also a
teamster in the employ OF Munger.
and the men met at the barn at noon
where Killing proceeded to unharness
his horses. Wallace struck him with
an iron bar which he took from his
own wagon. Ii is said. Killing Crap
pied with his assailant and in the
course of the struggle which ensued
the men rolled from the barn TO the
alley in the rear of the barn. Wal
lace had the advantage because Hi.
ling was stunned by the blow. People
passing stopped the fight at which
time Killing was on the ground with
Wallace standing over him. Hilling
told the authorities that Wallace had
threatened to kill him.
Hilling formerly lived in Rushville.
He was tried there on a charge of
murder though the jury acquitted him
after II had been proved that he had
acted in self defense.
How Quarrel Started.
Killing and Wallace had a quarrel
while at work unloading merchandise
from a box car Wallace accused his
opponent of not doing his share of
the work and said he could not do
a mans work. Hilling retorted that
he could do his share. He intimated
that Wallace had stolen property be-
longing to the International Harvester
Company and taken II to his home, IL
is said
Wallace will not be indicted by the
grand jury as the CRIME has been set
forth in an affidavit filed by the prose
cutor. His bond on the first charge
was set at $500, which was furnished
by Harry ID. Grove. Grove refused
to furnish the same bond on the Sec
ond charge.
LawIer Made Arrest.
Patrolman VIII Lawler was sent to
the scene to arrest Wallace. When
the officer approached Wallace seized
the iron bar and got on top of the
dray and threatened him IL he at
tempted to make an arrest. Lawler
finally induced him to get down of
the dray and then seized him before
he could use the weapon. Chief of
Police 1. A. Gormon commended Law
ler for his action in arresting Wallace.
Jerry NJ. Wallace. father of Joseph
Wallace, staid his bond this afternoon.