Daily Republican., 1883-11-23

the brain filed with blood 1t was IN
= possible to trace the bal .as IL bad passe,
through the brain, and as II is of ;
lspongy nature, il would close again
The witness believed the ball ha,
passed entirely through the man : head
: and he had no doubt that it was tn,
direct cause of his death. On CROSS
!, examination he said that Taylor WAS
: strong, we'll formed man, and large
than List now IL.
DIR. How ard Ogle was sworn, and cor
roborated the testimony of the preced
ing witnesses.
James L. Hawkins was sworn, ant
testified that he Is the Chief Of Police
He produced the pisto! with whicl
Taylor WAS shot ; it Is q seven shooter,
and four of the barrels are discharged
The witness stated where he obtained
the pistol, and $50 the facts Of the ar.
rest of the Lists.
Frank Tibbet testified that he is q
police officer in this city; he arrested
young List, after the shooting, on Wal
nut street bet ween Tenth aud Eleventh
streets, at his fathers house; when the wi,
ness went to the house youngList came tt
the door and In answer to 4 question said
he was the man who shot Taylor Tie als
said that Taylor was beating him, and
hs had shot to kill him.
On Cross ss-examina!iOn he said that he
had no trouble in arresLiDg List, and
that be went a.ong to the hall quietly.
The Attorney-Gensral announced
that the State would close with this
witness, and at 10 o'clock Mr.. Har.
rington opened for the defense. He
said he felt the deep responsibility rest
ing upon him, and he would that 1t had
fallen upon some one more able than
he.
He admitted that George Taylor came
to his death at the hands of the pris onei
but he expected to be able to show that
when the fatal shot was fred, Lewis +.
List thought, and had every reason to
believe, hat his ownlife was in imminent
danger, and that the oDly question in
his mind was, whether he would die
himself, or take Taylor life.
He thought it had already been
shown that on that fatal day TAYLOR
had gone 10 Lists house with the inten-
ton Of beating him. 1T had been shown
that Taylor was large, burly man, and
much the superior of List in physical
strength.
II had also been shown by tho States
witnesses, that this big, burly man had
struck List and knocked him down,
and then placed himself on top of him
with his knee in List $ stomach, where
he remained until driven off by the
house that morning without any idea
that there would be any disturbance or
difficulty.
AT this point Mr.. Gray objected to
the counsel going over the ev dence that
had been presented at this time, and
the objection was sustained by the
Court, v no admOnished Mr.. Harrington
that he must contine himself to what
he intended to prove by his witnesses.
He then said that he would show that
Taylor came to Lists house with the
expressed intention of doing the prso-
ner bodily harm, and that after he hal
knocked him down and teen driven off
by the father, be had returned with
cobbie stone in each hand, and WAS ap-
preaching him when he tirea
He would show that his client had
acted in selt.defense, and that If he was
euiIf W any VIlIHC al ~ S''llh
not, according TO the statutes, raise high.
er than manslaughter. He mae an
appeal to the jury in behalf of the el-
der List, who he claimed was not
guilty Of any crime, and said that he
hoped they would be 80 convinced by |
the evidence, and say to him, 90 home
to your family.
William Walker testified tba' he is
police officer; on the day Of the shoot
ing he saw Taylor at Eleventh and
Pine streets, and he said to the witness
that he expected to have fuss, and
when be came down he wanted him to |
arrest every d-n one of them, women
children and all.
Augustus Phillips testified that he
saw Taylor previous to the shooting +;
he was talking 90 Mrs. Fell, and re-
marked that he had mind to 60 down
and call List out, and If he gave him
any slack TO hit him. Mrs. Fell re-
piled: "If you do,you will be arrested, y
and he replied that's just what
want, and the matter will be settled
then"
Mr.. Sharpley asked the Court if he
was to understand that they were de-
ilplh w
show the physical condition of the meh,
and upon the Court stating 1t had SO
ruled, he cited Dumber of authorities
to show that it was customary to allow
such testimony in capital cases.
Before the question was decided the
examination Of witnesses was resumed,
and Alice Ford was sworn ,and testified
that she resides at No G10 East Elev-
enth street about ll.3O O'Clock that
mornins, she went to her front door and
saw Mrs Fell and Mrs Dean on List =
porch just az hey went in, Taylor
came up and asked the witness and
Mrs Crabh where his sister was, and
upon being told that she had gone in
the house, he remarked that List
would find that he had hard man to
deal wilh.'
The witness then detailed the fact of
Taylor going to Lists door and the
fight in the street. She was in her
house " hen the first two shots were
fired, but saw List " hen he was III Der
entry, just previous to his shooting
Taylor, and also saw him in her house
af er the shooting he had revolver in
his huud ard seemed excited. When
The exam ination closed, Mr.. Gray said
be would defer the cross-eNaminatiOni f
Of the witnrss until morning, as the hour
for ad.journing had arrived. The bailiti,
w+,iA sw orn to take charge of the jury,
and as soon as they retired the Court
There is a great curiosity on the part
of many to 81" the prisoners, and the lC
corridor is crowded every day about |,
the time they are brought up trou their
cells In the basement, and also at the a
close Of Court when they are taken
down. i
Since the trial commenced, and the {
evidence of the witrRss have been
heard, there seems to he great change
in public sentiment, and the impression
prevails that they will not be convicted
Of any higher grade Of crime than man
slaughter. 1t is certain that Mr.. Har-
A. ,,u tri, |