Information being read to Wallace, he says he is not guilty.
W. H. Higgins, being sworn saith: - I was going along Byron Street to the Court House at about a quarter to eleven o’clock this forenoon. I met James Wallace at Dr. Gunn’s corner. I passed him by without so much as looking at him. Just as I passed him by I was knocked down senseless by a heavy club which he carried in his hand. He struck me on the back part of the head and there is now a lump on the place where the blow was received, while down he came on to me and attacked me and kicked me and cut my lip and broke part of my teeth and injured my nose which bled freely. I said, “You William Wallace, are going to murder me? - Mrs. Gunn then called out: Mr. Wallace, are you going to murder him; don’t you think of your family? – After this I don’t remember. Mr. Wallace has been in the habit of threatening me. It was just on the corner of the sidewalk when I met Wallace – I did not put my foot before Wallace.
Signed,
W. H. HIGGINS.
William Barnes being sworn saith: - I saw the fight between Mr. Wallace and Mr. Higgins. Mr. Wallace took Mr. Higgins be the coat and struck him and then threw him down and kicked him. I was at Bryan’s tin shop. Wallace and Higgins were on the sidewalk near Dr. Gunn’s. I did not see them before they met. I saw Mr. Wallace pick up a stick when he came away – I only saw Wallace kick Higgins once. I saw him strike Higgins two or three times. Higgins was on the ground when Wallace kicked him. The first I saw was Wallace having hold of Higgins. I did not see Higgins strike Wallace. I heard no words. Wallace picked up his cane in the middle of the evening.
Signed,
Wm. BARNES.
Mrs. Gunn, sworn, saith: - I saw part of the difficulty between Wallace and Higgins. I saw Wallace and Higgins coming. I had my back to them when they met. I then heard some noise and saw them down, saw Wallace and Higgins struggling. Higgins tried to get up and Wallace struck him several times. I did not see Higgins strike Wallace. I called out to Wallace and he stopped and looked around to see who spoke and then struck Higgins just as he was in the act of rising. I said, “Mr. Wallace, don’t do that.”
Signed,
A. GUNN
Catherine Cromer being sworn saith: - I saw the fray between Mr. Wallace and Mr. Higgins. I first saw the gentleman in dark clothes laying down, and the other in light clothes, leaning over him and striking him. The next thing I saw was Mr. Wallace going away – when he (Wallace) said, “Don’t shove me off the sidewalk again” – I thought when I saw the person in light clothes leaning on the one in dark clothes, that he was beating a dog off, he was striking rapidly, they were at the corner of Dr. Gunn’s fence. – Cross examined – I live with Mr. Ford. The cane in Mr. Wallace’s hand was light colored. I saw it in Mr. Wallace’s hand when he went away – I did not see the man in dark clothes take hold of Mr. Wallace. I did not see the person in dark clothes strike the person in light clothes. To the best of my belief the person in light clothes was striking the person in dark clothes with a cane.
Signed, her mark
CATHERINE CROMAR
Mrs. Powell sworn saith: - The first I saw was the man in dark clothes down on the sidewalk and the man in light clothes striking him with his fist in the face. I was standing in my own door-yard. I then saw the man in dark clothes get up and go away. I should think there were three blows given. I saw no kicks given. I saw no cane until each took their canes and walked away. I first saw then on the crossing near Dr. Gunn’s fence near the ditch. I did not see Mr. Higgins make any effort at all.
Signed
MRS. POWELL
Thomas Whelan sworn saith: - I saw some of the fray between Wallace and Higgins. I was standing at Mr. Nourse’s fence. The first I heard was someone hollering. I then saw the man in light clothes down with the man in dark clothes. The man in light clothes was uppermost, and striking the other about the head with his fists. They then got up, when the man in the dark clothes caught the other around the middle, when the man in light clothes knocked down the man in dark clothes and struck him with his fist. They both then got up and went away. I saw each pick up their canes from the grass near the sidewalk. I did not see the first of the fray. I saw no kicking. They picked up the canes from the place where I first saw them. I heard no words between them when scuffing.
Signed, his mark
THOMAS WHALEN
Thomas R. Pentecost sworn saith: - Wallace and Higgins had both gone off the sidewalk when I saw them. Mr. Higgins was on the ground and Mr. Wallace struck him with his fist. I did not see Mr. Wallace strike Mr. Higgins with his cane. I heard Mr. Wallace say, “I’ll learn you to do the like of that to me again.” Higgins said, “Wallace, Wallace!” – I was just cutting off a steak at the time. I saw both having hold by the middle of the other. When I first saw them, Mr. Wallace was on the top of Mr. Higgins. After Higgins got up, Mr. Wallace struck him several times. I did not see Mr. Wallace kick Mr. Higgins.
Signed
T. R. PENTECOST
The bench decide upon binding over the defendant to stand his trial at the next assizes to be held in this County to find surety himself in the sum of two hundred pounds and two securities for one hundred pounds each, and to be committed until such bail be obtained.
Signed,
ROBERT JOHN GUNN, J. P.
JAMES ROWE, MAYOR
JOHN HAM PERRY, J. P.
Whitby, June 18th, 1861.
