Delaware state journal. [volume] (Wilmington, Del.) 1870-1883, 1883-11-29

at by the Lists but i,eiog 4 asrpatrisi ii th
/" be went to the front part IT his huus,
ID When he reached the vestibule hs ss
" young List standing in the hail inst IT
- side the front door, With his piato in bot
,r bands List wss excitsd, and was watch
10 ing up and down the street, ana whom b
10 saw tina winners behind him In tbA hal
k he turped and pointed his pistol lowAr
n him witness stepped back ard Lis
10 turned around again In moment ate
g he stepped from the front door and aim
- ing mis- pistol fred he stepped out on tn
IT porch as If intending 30 shoot again +; h,
n then said: "I've shot you now" Afte
}; the shot, List passed through Ford'i
II house, ont the kitchen and oyer the bscf
!. fence. Soon after he reappearsd on the
d front porch when his father en-
n couraged him to go and beat him, point
9 ing 10 Taylor who lay dying ON the side
t walk. Young List refused to do his
=; fathers bidding, saying: "Come in dad, ;
+. and waving the pistol over his head
: added, you'll beat me will you"
t Upon GROSS ss-examipation wttness stated
r that Taylor had told him before the fight
in the street that he WAS going up to set.
t tie difficulty bstween the Dean family
: and List, and he would 'pIobably have
to lick young List" and that he thought
"the old man was home aud he WAS
afraid OF him."
} Clara Crabh testified that Taylor asked
her if his sister was in the house, point
ing to Lists residence, and upon being
: informed she was, he seized the door
} violently, kicked IL aud demanded
admission.
DR.. Grimshaw testified that George B.
Taylor had died from gun shot wouad
made by smsll bullet, which had
entered the left eye and passed almost
horizontally through the head, and cut
the back palt. BE made post mortem
examination, but the bullet could not be
found. He was of the opinion that the
men stood face to face when ths bullet
was fired.
DR.. Howard ogle, who assisted in the
post mortem examination, substantiated
DR.. Grimshaw's testimony.
Chief Of Police James L, Hawkins was
called and produced the pistol With
which the shooting was done. 1t was a
Smith Il Wes5on seven shot revolver OF
small calibre. Four discharged cartridges
were found in the chamber and three
that had not been exploded. The chamber
ct the revolver was removed but the
I
Wootten to anxiously inquire: at that
thing is loaded ?" which was the second
incident of the afternoon that brought an
audible smile from the crowd.
Police Officer Frank Tibbetts testified
to arresting youGg List in old Lists
house and the prisoners statement 81
shot him he was beating me | shot to
kill him." The attorney general stated
that the State would here rest its side OF
the case.
Mr.. Harrington in an address to the
jury outlined the defense He stated
that the shooting OF Taylor by young
Mr.. List is admitted, but he would chow
that 1t was done in self defense. He
claimed that the shot was fred by the
prisoner who was under the apprehension
that he was to meet great bodily harm
at the hands of Mr.. Taylor, who was
physically his superior. Mr.. Harrington
held thai the extreme case Of the State
against young List could be but man
slaughter, and that the old man was
guilty of no crime, as he had acted only
as father sollcitous for 8 weak sons
safety would.
The first witness for the defense was
Police Officer Walker, who testified that
Taylor had a-ked him to come up to Lists
and arrest the whole family, men, women
and children.
Mr. Phillips, witness for the State,
was recalled in defense who added little
to his previous testimony except that
Taylor had threatened that he would
knock List down if he gave him any
"slaok." To Mrs. Fell, who said you'll
be put in Jail if you do" Taylor said
"That's what l want, the case will then
be settled in court !"
Alice Ford of No. 610 East Eleventh
street, testified to Taylor going to Lists
house, clutching the door knob and kick
ing the door violently, and saying to wit.
ness /; "they will have hard man to
deal with, now Pm here" She saw the
parties leave the house heard the first
two shots fired and soon after another,
then List ran through her house and got
over the back fence. At that time he
was bleeding at the nose, and was very
pale.
The court here adjourned until 10
O'Clock Friday morning.
the court room was again crowded Fri
day morning when Chief Justice ComegyF,
Judges Weotten, Houston and Wales took
their seats, and Crier Smith repeated his
stersotyped opening cry. Among the
large audience were several clergymen
aud light sprinkling OF women
The wives of both prisoners were put
upon the stand and testified to what they
knew of the fatal affair. Mrs. List, wife
of the older prisoner is aged and pslsied.
Her hair is perfectly white, and shows it
self in curls at the side OF her head. She
exhibited much emotion while teatiiying,
and while relating how her son ran W
her home after tbs shootipg, with blood
running down his fscs she nearly lost
self-contIol.
The Younger Mrs. List, who was parted
from her small child white on the stand,
was considerably affected while detailing
the atfray.
Mss. Alice Ford teatified that List came
into her house before the fatal shooting
without hat. James B. Ford was re.
called and substantia,td testimony o..
previous Witness
DR. Howard 0gle was not permitted to
testify ss to the physical condition of the
younger List.
BY the testimony of Mrs. Elizabeth
List, wife of the elder prisoner and
mother OF the younger, the defense de-
sires to prove stat ments made by young
List within fsw minutes after the
shooting.
The court sustained tue stats's oil jc-
tion to the admission OF her testimony pp
this point.
Questions egarding The piis net'5 con-
dition when he reached his motl Ell e
house brought another discussion. Tue
winess, proceeding, testified that youug
Lists lace WAS bleeding, and that h, spit
considerable blood
George Grubb, OF No. 1876 Est Ets venth
street, testified that a large, loose cobbr
stone lay on the sidewalk near Tay ior's
dead body.
Mrs. Martha List, wife ef the younger
! prisoner testified that the Deans had
lived in part OF her house, No. 140l Wal
nut street and they moved with witness,
J family to No. 606 Rast Eleventh street
J about two weeks before the shooting
, The elder List came in the house while
! Mrs. Dean and Mrs. Fell were there ;
Taylor came in and said, "what iu hell
is the matter !" witness replied, Moth
, ing | wanted Mrs. Dean to go 10 Mr..
Po lie az d give the house up to make ne
, sure OF the rent !" Mr.. Taylor said, /,
: "for j. C-'s sake, il any thing here
J belongs to Mrs. Dean let her take it
, out l don't know whether l will take it
} out or not;" the elder List said the
! things belonged to his sou heard 10
other remarks between the slider List aud
Taylor (; Taylor and Mrs. Fell stood on
| the porch awhile and then went to the