Delaware state journal. [volume] (Wilmington, Del.) 1870-1883, 1883-11-29
. sEyERE DOUBLE YEgDIoT.
rbe Terrible Fate OF the Taylor Muir
derers-PitIable Grief Of the OH
CONTINUED from first page, }


rravange-vhich would make the homicide
malioious one. Having told you that every
hnmicide with deadly weapon, ID prima
fsais a malicious homicide, and therefore
murder where slayer with such weapon Is
indicted Of murder, the burden lies on him to
chow, and he must satisfy the minds OF the
inry by satisfactory proof that when the
fatal act was done by him, he was under the
insnenoe of passion created by the violence
N the deceased which he could not then
rssist. or that he was acting In self defense,
otherwise he should be found guilty.
As the defense in this case, however, il put
alao upon the plea Of 30 dofendendo, or that
the act done was in self-defense, l shall
glyo you the law by which you are TO. be
Guided in considering such plea. As this
eaten ,e Ia not infrequently made IN homicide
cases, I am provided, i'll advance, with
complete definition of 1t, 30 that | am at no
pains to furnish one OF my own. In the case
* the State VI. Till, tried at the bar of this
court in this county ut the November term,
1857, Of the court Of general sessions, the
learned Judge who charged the jury said that
to constitute and establish self defense in
any case, the law requires that tine party
killing was not only in imminent and mani
fest danger OF losing his life
ar of suffering enormous bodily
harm, and was closely pressed by his
sssailant, but that he sought to avoid 1t and
retreated from 1t as far az he conveniently
and safely could, and that the killing was
necessary, after having done this, to protect
his own life, or save himself from such bodily
harm. You see, therefore, that before this
plea can be allowed slayer, he must make
il appear by sufficient proof that unless he
had taken the life of his adversary he would
have lost his own at his adversary's hands, or
received from him some grievous bodily
harm. No man IL entitled to the protection
OF such plea, il he could have secured his
tlas.t Ilt.a fR.nt..
OF this case are all before you Was the
prisoner, the slayer, closely pressed by
TAYLOR at the time he fired the fatal shot and
in imminent danger OF losing Ills life or
suffering enormous bodily harm to his per-
son, and were no means OF retreat or escano
open TO him2 You must be satisfied, from
the evidence before you, that he WAS in such
condition of attack and peril and that he
had no power to avoid 1t, before you can
allow him the benefit of the plea Of self
defense. | am sure you must understand
what have said to you and therefore for
bear to dwell longer upon this part of the
defense.
The indictment in this case charges that
Lewis II. List one Of the prisoners, actually
committed the murder, and that Lewis List,
the other OF them (who ID his father), was
present, aiding and assisting. By our statute,
person present when a crime ID committed,
and who aids or assists IN its commission, ID
equally Bullly Will tuo piiuCipai ohehuci. ~
ID not pretended that any one but Lewis Il.
List fired the fatal shot; therefore, to render
verdict of guilty against Lewis List, the
father, il you find the son guilty of crime,
you must be satisfied from the proof i'll the
case, that, at that time the father was
present, advising, assisting, or encouraging
his son to do it. Undoubtedly If Taylor had
been shot when the son was pursuing and
firing upon him, and if the father was then,
in your opinion, from the testimony in the
case, oounseling him to shoot, al some of the
States witnesses have sworn he did, he would
be equally guilty with the son. Also, if you
should believe from the testimony, that he was
actually present, when Taylor was killed,
and was then abetting, procuring or counsel
ing his son to his act OF slaughter, he was az
much guilty as If he had done the deed. In
the language OF our statute, he who acts thus
il an accomplish, and equally criminal as the
principal offender.
After having calmly and conscientiously re-
called all the testimony of the witnesses OH
both sides to your minds, and discussed Its
bearings and value, if you have any reason
able doubt in your minds of the guilt Of the
prisoner, Lewis Il. List, OF any crime arising
out OF the testimony, then you should render
verdict OF not guilty against both defend
ants II you have no doubt OF the guilt OF
Lewis Il. List, and should lind against him.
you should not find against the father unless
you believe, from the proof, that he was
present at the time Of the homicide, and
abetting, or procuring, or commanding, OF
counselling his son to commit it. And in re-
gard to finding the son guilty (should you de-
eide to do SOY If you think his ofense does
not amount to the crime of murder Of the
first degree, you may convict him OF murder
OF the second degree, if you think the evil
dence will warrant you in doing that. II not OF
that you may convict him of granddaughter II
the evidence will not allow you to go higher.
A,,l nd a
the law of self defense, AZ have gtvenit to you
and what is required of y slayer before he can
avail himself of il, that at the time Taylor
WAS slain his death was necessary TO save
young Lists own life, or his person from
great harm, there being no other way open
for that purpose, you can acqult INN
altogether And while | say to you that no
man il TO be convicted Of crime unless his
guilt be shown to the jury beyond a
reasonable doubt upon the proof presented
they are at the same time not to allow
feelings of sympathy or of other kind t.
swerve: them from the clear path OF duty
marked down for them by the oath they have
taken-a true verdict to give according to tht
evidence.
THIS court room was literally packed
aud jammed in the afternoon with crowd
anxiJusly waiting the verdict OF the L'ri
jury, which had been charged and retirec
at l O'Clock. Nothing was heard from
the jury since its retirement and there
was general impression that its deliber
atoms would bs brief
At a 05 o'clock it communicate
with the court that II Lad reached {
verdict and was in readiness to deliver j
to the court. The bailiff was In
struoted to bring the jury in and tn
seats were cleared promptly.
at Ia N
frat information the audience had Of th'
jnry's readiness TO return, and a painful
silence overspread the crowd.
After filling solemnly TO their place
the clerk polled the members. The prise
ners in the meantime we're brought hs
fore the court and placed in the dock.
The Jury announced that II had reached
verdict and the foreman should declar
1t to the court. Both prisoners expresse
considerable emotion and trembled vic
lsutly.
The aged foreman arose in his place
and, with fsltering voice, in response
the clerks inquiry, statsd that they hS
found q verdict OF murder in the frs
degree against Lewis +. List, and yer
dict of murder in the second oegre
against Lewis List, the father.
Both prisoners were completely over
come when the verdict was announced
ami wept violently. The young ma
vainly endeavored to conceal his gr!'
and left the court room with tear Gtrean
ing down his face.
The father who has IA n degree mai
tanned an indifference as to his fate hrce
completely down and wept like chile
Az hs left the court chamber with III
bailifi he cried in sgonizing tones: IN
son, my poor dear SON."
The griei Of both when they reache
their cell was indescribably sad an
pitiiul. Looked 10 each others arm
they frsnticslly cried, my dear sou,
"My father, my father"
woman with small child, related
the prisoners, was in The court roOn
and when the verdict was arpounrt
gays vent to her grief in convdlsive cob
She afterwsri left the room and, .hen 81
passed the weeping prsouers IN the o.
ridor, completely b-oke down.
After the verdict had beeu Gnnounc'
Austin Harrington, E.q of prisoner
counsel, gave notice that hs wOnld ME-
motion for new trial, consequently u
Lists will not be sentenced until after 4
prescribed time for arguing the mott,
elspses. ,.5
The Jury reached the verdict with b
littls difficulty. The first ballot as 10 I
guilt of the younger List, showed that
majority Of the jury was in favor of 90
victing him 81 indicted. Six ballots W.
- IL