Daily Republican., 1883-11-23
FIFTH EDITION,
THIRD DAYS PROCEEDlNGs.
COntluuatiOn Of tho List Trial
IuspOrians Testimony for tho ID E.
fence.

present at the opening OF Court thi
morning as there were yesterday after
noon. All the Judges we're present, ,ant
Immediately after 10 o'clock proceed
ings were resumed in the List case.
Mrs. Alice Ford, wlo had just CLOSED
her testimony for the defense at the ad
lOurnment last evening, was recalled
and cross-ox amined by Attorney. Gen
eral Gray, In reference TO the situation
Of her house, and the appearance O.
List, when he passed through her hous'
after the shooting.
James p. Ford was recalled, and tes
tifiel that List had no hat on when HI
came in his house.
William Walker testified that when
he assisted TO remove Taylor to tht
City Hall, he saw n hat laying in front
Of No. 6OS, which he picked up, and
put over Taylor's face; 1t was derby
hat hat shown by Mr.. Harrington, and
identified rs similar to the one he pick.
ed up.
Mrs. Ella Crabb recalled. and tcstih
ed that she saw List previous to the
shooting, and he had a hat on his head
but could not tell what kind it was.
DIR. Howard Ogle was called to the
stand, and Mr.. Harrington asked him
in respect to Lists physical condition.
Attorney General Gray opposed the
admission of the question, and said that
al the facts Of the shooting were now
before the jury, and the physical condi.
ton of either Of the prisoners had
nothing to do with the case. Taylor
was not shot during the struggle, but
after they had been separated, and il
made no difference whether the man
that fired the shot was weak or strong.
After argument by Mr.. Harrington,
the Court decided that the evidence
was inadmissable, and the witness left
the stand.
Mrs. Elizabeth List, wife of Lewis
List, was placed on the stand, and 'esti.
fed that she resides on Walnut s'reel
b-tween Tenth and Eleventh streets.
Mr.. Harrington asked. What was the
first knowledge or intima'lon YOU had
of the murder.
"Don t answer" said Mr.. Gray, who
then addressed the Court against ad-
hitting the question.
Mr.. Harrington said that he proposed
to show by this witness that the pris0.
ner was in her house within five min
utes after the shooting and to show that
he was in a state Of great excitement.
Mr. Gray again opposed the question,
and said il was contrary to all rules OF
"vid nee to admit the statement Of a
prisoner, unless il was made immediate.
iy afterwards; il, for instance, when he
hnI l..ti nd tt.Iy h..
had sufficient time TO make up or cor
rect story. The objection was sus-
tanned by the Court, and the exanina
ton resumed.
The prisoner came to her house short.
ly after II o'clock on that day his face
was bloody, and he spit several mouth
full : OF blood. The witness was then
to depart, and went over and
took a seat in front Of the prisoners
dock, at the same time waving her hand
to the prisoners; both of them were
deeply affected.
George Grubb testified that he reach.
ell the place shortly after Taylor was
shot he was living on the pavement,
with his head toward the porch ; on the
right side of him was large cobble
stone, which the witness kicked in the
gutter.
Martha List, wife of Lewis F. List,
was sworn, and testified tha she now
resides on Shipley street above Front
on the 8th OF last September she resided
at No. COG East Eleventh street, and
had lived there about two weeks; Mr..
and Mrs. Dean lived with her.
- ~ Nrp
Fell and Mrs. Dean came in her house
and remained until nearly u o'clock /;
old Mr. List was also there, and Taylor
came in after Mrs. Dean and Mrs. Fell
went out. When Taylor came in he
said: "W hat the HI is the matter here.
and the witness replied, nothing,
only want Mrs. Dean to go to the
landlord and give up the house to make
me sure Of my rent
Taylor then said "by is Ct, If
there is anything here belonging to Mrs.
Dean | want her to have it," and Old
Mr.. List said, "but you must remember,
sir, that the goods i'll this house belong
to my son." when Taylor replied, -
don't know that III take them," and
went out.
ln q short time he returned and
knocked at the door, and when the wit.
ness opened i, he asked for Frank, and
when she told hiru there was no Frank
there, he said lie was mistaken, it was
Lew he wanted.
She went back in the room, and told
her husband that Taylor wanted him,
and he did not want to go, but after.
wards got up and went out. The wit
ness remained on the p,rcb, and when
she saw Tay lor beating her husband,
ran in aud said to old Mr.. List He
will kill Lew" and handed him stick
that stood behind the cOOr, which she
had used on the previous day as IA wash
stick.
When Mr.. List went out, Tay lor
said: "Come on, you old s-n of a
b-h, and l'll give it to you = at this
time Taylor had his knees on my hus
bands stomach, and old Mr.. List raised
the club, wneu Taylor ran.
Ina little while old Mr.. List came
back, followed by Taylor, who had a
stcne in each hand; he SAID you s--l
of q b-h I'll Tx you, and threw one OF
the stones at him, when he ran in my
house and locked the front door.
Albert Fountain testified that on the
day previous to the shooting he hat
called old Mr.. List into his place, OF
French street above Eighth, and mad'
arrangements with him 10 come ON Sat
| urlay al d paper his ballroom.
Mls. Mary Denn was recalled by tn
State, and testified in regard TO the fur
uiture in Lists house. This closed th'
Icvidprc and the Attorney General snt
Deputy Attorney General retired 70
consultation. When they returned Mr.
Cooper opened the argument for tn
State.
He said the State had placed hefor
the Jury all the evidence At their com
maud, and the defense had offered al
they could in extenua'iou OF the crime
The prisoners could be convicted o
Imxnslaughter, murder in the second de
lgree, or murder in the first degree.
The defense AL itieh that the young
er List was guilty of some crime, an
there was no doubt that If II had bee
show that the father was present aid
/ l.. l. II. k.s l,.. L.. l