Daily Republican., 1883-11-24
DRAWING TO A CLOSE,
THE LIST TaIAL ALMOST ENDED
AN ABLE AD0UAENT BY
TNE DEFENSE.

So
II Ia probable IN ere has never been a
capital case tried In this State that has
excited AZ much interest, or attracted ~
many ne, sons ~ the List Case now
a'out coming to = close. Yesterday
afternoon, long bee0re the time for open
inc. the stairwAyB were crowded with
neople 9, and whsn the doors were OPEN
n a tow miuuees before 3 O'Clock, tho
crowd poured In and not only filled
every seat hut also the space around
the sides Of tie room. 1t II noticeable
that there ara great many ladies ~
mong the spectators, who sosm to take
the greatest interest in the case.
The corridor near the steps leading
TO the cells In the basement, up which
tbs prisoners are brought by the tip.
slaves, was also crowded, each one
anxious to obtain glimpse Of tho pris-
on.rs ss they passed along. James
Downing, OF New Castle, the baili6 who
attends the rear stairs, up which the
privileged ones pass to the Court room,
had his hands full IN keep the crowd
from rushing pp that way, and he was
besiegtd by hundreds who tried IN
every way 10 get him to allow them to
psss up this back way, but he was in.
flexible and none hut the judges, mem.
bers of the bar, reporters or court Off
clals we're allowed to psss.
Mr.. Harrington com niencad the sum
ming up for the defense . few minutes
alter 8 O'Clock, and said that he was
now about TO perform his last duty to
the prisoners. He proposed TO ask q
verdict of not guilty At the bards of the
Jury, on the ground Of self-detense, and
thought before ho WAS Through he
would be able To show them that the
Young man In the dock, when he fired
that fatal shot, fully felt that he either
had TO kill Tay sor, or be killed himself.
He contended that Taylor had mo-
business there, and there conld be no
doubt In the miuds OF the jury that he
went there that fatal morning with the
intention Of giving Lewes F. List a
whipping. This had been shown by
the evidence Of Page, who testified that
before he went 70 the house he said to
him that he waa going down to lick n
man, and wanted him to go along and
see fair play. He told Ford, when he
met him At Eleventh and kirkwood
streets, that he had q mind to whip
List, and he asked him why he did not
20 and do it. He said TO Mrs. Fell
that he had mind to go down and call
List out and If ile gave him any slack to
smack his face, and she advised him not
to go for fear Of trouble.
He told Mrs. Ford that List would
a. 4. IA. hov tn Inal
with, and all his actions showed that
he had gene there with the expressed
intention Of doing bodily harm to List.
II WAS mischief that George B. Tay.
lor WAS after when he went to that
house, and it was fatal mischief, yet
the words Of the Indictment charges
Lewis List and Lewis F. List with
wifully killiLg him in the peace of
God !" the term should be reversed, ~
had bsen clearly shown that Taylor
al not gon- there In the peace OF God.
Mr.. Harri, g,on carefully reviewed the
les,immy, and clHimed that II all tend.
ID to show that ut the time Of the fatal
Ihot, Taylor stoU,l with his arm drawn
back aud there was no doubt that tsere
WAS something In his hand that he in
tended to thrw at List.
Heargued that when Lis. ran In Ford's
house he drought be WAS going into his
own house be v as fleeing from a man
who had cruelty beat him, and who was
,vtn hen in fruISuit Of him with q
cobble stone in each hand As soon az
be found that he was in the wrong
house he stepped ono foot out on the
rch, with the intention Of going out,
Then he was confronted with Taylor but
Yen feet distant, with cObble stone In
bis hand and has hand raised TO throw
t. and he thought my God, he intends
10 kid me "; he WAS wild with fright
md excitement, and raising his pistol
frel, AMI Taylor fell.
Some of the witnesses had st ated
hat List held the pistol with both
lands when he fred, but Ford, who was
Ne nearest to him, testified that he b"ld
he pistol with QUO hand, and ti,ed
Without taking aim. 1T was for the
ury to reconcile these discrepancies,
nd then compare the remainder OF
heir evidence
He claimed that even if the jury
brew out the theory of self.defensr,
ley could not, under their oaths TO try
mi determine this case between the
tate Of Delaware and the prisoners al
he bar, render verdict of any greater
rlne than granddaughter. If this
hOO,ing was not done in self-deteIse,
was done in the heat OF passion it was
one before List had time to cool, for
nd4r the provocation he had received,
would have taken hours for him 10
Dol MIR. Harrington spoke one hour
nd half in AN earnest ma,'ner, and
osel with an eloquent appeal to the
ry Tor "a verdict of not guilty.
lie was followed by Mr.. ShArpley,
no made the closing argument for tho
tlense. He opened by saying that he
arcely knew how to approach this
leJect, which was OF such vital inter
" not only to the prisoners, but TO the
Try themselves. He then proceeded to
sine the di itferent degrees OF murder AZ
'ablished by statute, and comba'tAd
theory of the State that it Was neccs-
ny to convict both prisoners of the
Ene otfpnse he argued that ono could
convicted of murder, If The evidence
arranted the Jury In so DONG, while
D. other might be convicted of a losser
finls.
he pictured the scenes of that fatai
ay, and said there could b- no doub'
at when List went 10 Ford's house he
one 80 with the intention Of escaping
ON Taylor, and under the impression
. at he was going into his own house
Soon as b. discovered his mistake he
! 'the' TO 20 ont, and mt the very lnaN
. was fleeing from. He had no time
t Hfl' ction; he was angry; he was
ehzied, and this WAS tnteusifi' d wheI
saw before him the man who hao
a l'fd him out from his own house, and
i Fy1a|ly beat him.
4 he found himself In . strange place
n Ahou1 help or succor, with the mar
o had beat him standing before hin
VA stone In his hand, ready to strike
he had seen him throw the stont
- hSaged father, and he knew M
"a afee but to defend himself
- .a,'Soon III he had shot, he took hi!
'ner, who frightened and excited ~
was waptG.1 him fn ufyll fart bpr hpA