The daily gazette., 1883-11-22
THE LISTS ON TRIAL.
AJuRY OBTAINED WITH MUCH
TROUBLE.
THE PROSECUTION UNDER WAY
Beginning of the Dual Murder TriaI-An
Afternoon of Tostimony-The Case Still
Going On.


the prisoners were brought into court be-
tween two tipstaves and placed In the dock.
The drawing of the jury was then COM
menced AMI before one could be obtained
the entire panel Of 81 names was exhausted
and seven talismen had to be drawn from
the auditors. or the number stoo1 aside, IA
had either formed or expressed an opinion,
and IN reply to the question of the Court, as
provided for in the act Of the last Legisla-
Jure, as to whether, notwithstanding such
an opinion, they could find an impartial
verdict according to the evidence and argu-
ment brought out at the trial, every one de-
clared that he could not render such YER
dict. Such large number of avowed posi-
tive opinions and strong prejudices caused
the Attorney General to smile In very In
credulous way, and the other attorneys pre-
sent to shake their heads knowingly.
After one hour the following jury was
selected:
Milton Steel, Mil Creek.
Samuel @. Eaton, st. Georges.
William A. Cummins, Blackbird.
James W. Marcy, Red Lion.
Samuel c. Derrickson, Blackbird.
Edward Mcdonald, Mill Creek.
George Steele, White Clay Creek.
Frank E. Gallagher, Wilmington.
James Dennison, Mill Creek.
Zenas P. Longland, st. Georges.
William NJ. Vandegrift, st. Georges.
John McHugh, Wilmington.
Those who had formed or expressed an
opinion and could not overcome it were:
William Thompson, Joseph 2. Blackburn,
John Lowther, John Diehl, William H..
Shippers, William Baxter, Alfred I. Derrick
son, William A. Gordon, George E. Thomp-
son, William A. Scott, Samuel Wright, DR.,
James Green, Albert litter, Joseph Luton,
al aI nt.lb
liam Brown.
Those with conscientious scruples against
capital punishment were: Henry H..
Moore, Fredus B. Vanhickie, Henry J..
Guest, Wilbert E. Wilson, William Wood
ward.
The defense challenged the following:
John c. McIntire, Charles FL. Salmon, VIII
liam Lyman, John II. Emory, Ed
ward T. Kemp, William Il. Herbert, James
II. Hudson, Amos. A. Eastburn, Alonzo
Christy, George H. Hartup, Joshua w.
Brown, Isaac Darlington, Alfred P. En-
triken, David W. Stockley.
Challenges by the State were: John
Beck, James A: B: Perkins, Georgs, W.
Wesley J. Husbands, Thomas NJ. Robinson,
Ezra Lukens, Caleb Taylor, Andrew Tray
nor
William H. Clarke was excused by the
Deakyne because he is postmaster.
The indictment was next read and at the
conclusion Mr.. Harrington suggested that
all witnesses be excluded from the court
room. His suggestion was acted upon.
The trial was then formally opened by
Deputy Attorney General Cooper, who ex.
plainCd to the jury what constituted murder
in the different degrees as set forth in law,
and said the defendants could either be found
guilty of murder in the first or second de-
gree, or manslaughter,
The first witness called was Daniel Farra,
who testified that by orders of the Attorney
General he had made plot of that part of
the city where the shooting occurred. The
plot was placed in evidence. 1t shows a
complete and minute outline of the houses
in front of which the fracas occ urred. 1t
also shows the alley In the rear of the
houses.
The defense showed on cross-examir alton
that the house No. $40 East Eleventh street
was exactly like No. 606 where the Lists
resided.
Mrs. Mary Deau being called testified
that she now boards at No. 33l East Eighth
street. For about two weeks previous to
the killing of George B. Taylor she with
her husband and child, under a year old,
| had lived at 6O6 East Eleventh street with
Lewis F. List and bis family, consisting of
his wife and five children. The house is
one of the row on East Eleventh street be-
tween Pine and Kirkwood, shown on the
plan of Mr.. Farra. She rented the house
from j. Morton Poole, and the Lists were to
| occupy it with the Deans. The rent was to
| be equally shared between them. The house
was two-story one with fiat roof, three
rooms, parlor, sitting room and Kitchen, be-
sides hallway on the first floor. The par
Los nd oik had 70
a double parlor. The witness was a niece
Of George B. Taylor and she had seen
| him in the forenoon at Henry F. Pick
els shop when she went there to tell
her husband to get furniture car to take
her things away and to telephone to Mr..
Poole that List would not let her take her
things away. Her uncle asked her what
was the matter and she told him, her hus-
band being away looking for wagon. He
told her that she could not telephone, and
when she told him that the old man List was
she got there he was standing In
the doorway between the sitting
room and the entry. List said
something to him when he said, ~ won't
have anything to do with 1t" and went out.
| Young List said that If Mr.. Dean. would
| come in he would settle it. After her hus-
band came he and she started together to
| see Mr.. Poole, and the shootlng occurred
while they were gone. Young List said that
she could not have her goods unles she paid
| him half the rent, ,and talked excitedly while
he was preventing h,r from taking the
goods away. List had struck her In the face
the Monday previous, and on Tuesday she had
| told her aunt, Ella Fell, who in turn had
told her grandmother Taylor, who came on
| Wednesday and took her away. On cross
examination by Mr.. Harrington the witness
said that she had gone to Pickels's found
dry early In the morning previous to
the time she saw her uncle there and told
him to get wagon. She only owned some
dishes and clothes, the former being packed
in wash boiler and the latter In box
The furniture belonged to the Lists. The
Lists refused to let her have the things and
when she said they could not prevent hel
from taking her clothes the old man said
she could not take anything. She was sit
ting down nursing her baby when List struck
her the previous Monday and hurt her sc
that the blood flowed from her nose. Sht
still bore the marks of the blow. She had
been quarreling with her husband, who hac
been out cunning, and accused him of ne
glect, as Englishmen were accustomed tt
do. Young List accused her of Throwing
slurs," when she replied that If the shoe d