The daily gazette., 1883-11-24
In THE JURYS HANDS
Closing Proceedings in the List
Trials.
WAITING FOR THE VERDICT
rHE LISTS, TRIAL.

the space allotted 70 the representatives OF
the press.
Harry sharpley, Esq, Of counsel for the
prisoners, resumed his argument by citing
and reading number of authorities on cases
similar TO the one non On tgial.
Thaae authorities were cited for the pur
pose OF proving thai the highest degree OF
crime that the prisoners could be charged
with was granddaughter. We shall want the
Court to charge the jury that TO render YER
dict OF first degree they must be satisfied
tina. 1t was q sedate and deliberate murder;
in second degree malice, and manslaughter,
hot blood, all doubt must be given to pris-
oners. Mr.. Sharpley concluded at 1880
O'Clock.
Attorney General Gray commenced the |
closin argument at II o'clock. In opening |
he said he did not think the matter OF self |
defense will be considered by in court, be
cause there had been no proof of selidefense.
The law requires that the person Is in dan
ger OF his life, and that he retreat from
his assailant before committing the act
Had there been such proof then the prisoners
would be entitled to verdict of aequttal
In regard to manslaughter he did not think
the proof warranted such verdict, but
verdict OF higher degree of homicide. He
next submitted a number of propositions to
the Court to charge the jury.
Mr.. Gray then turned 10 the jury and
commenced to address them at L l.2O O'Clock.
In opening he congratulated the jury that
the painful duty was nearly over. He
knew that it was unpleasant for them
to be drawn to serve upon such case. He
wouldn't ask them for verdict due the
State, one that would bring to justice those
who had committed this deed. He knew
that the iury's sympathies had been assaied
by the pathetic appeal OF the mother and
wife sitting in front of the dock also the
prattling babe. He would not close his
ewes to the fact; he would that the prattlipg
child could have been kept from the Court.
Justice must be meted out and you must
throw aside all sympathy. He knew that
It was usual for man who sleeps his hands
in the blood of his fellow man and when
brought to bay, TO place his wifi before the
Jury as bulwark of sympathy He next
defined the degrees of murder, and
what causes them as defined in law.
The law does not excuse a man for killing
another. Continuing he pictured the oc-
currence in the house, how young List hit
the girl wife in the face while nursing her
babe How he had said you cannot leave
this house until tine rent is paid. How he
stood there with pistol in his pocket say
ing my law must be supreme and stand
here to back 1t up. Then what did the girl
wife do; she went down to Pickles foundry
to telephone to the landlord. He next pic
tured the visit of Taylor to Lists house and
inquired what was the matter. If he had
not gone there he would have been living
to-day; but if he had not gone back W.
would not have thought so much OF him
He leaves and then goes back but befor'
doing go he told q policeman to stand by; h'
calls Lewis +. List out in order TO see the
man who struck his niece such cowardl.
blow. He said to List do not want you 1
strike that girl again. Some reply was mad
To
weapon given to man to protect himself an
friends, and struck List. Mr.. Gray then i
impassioned language pictured the shoot
ing and subsequent flight of young List an
the commands of the elder List ''to shoe
him now." Now, so much for young List
how about the elder List. The matter shoul
be reversed, aud the elder List should STAN
in the younger's place. His action wa
that of demon and shows from the COZ
mands of the old man, that he was Drede
termined to murder George Taylor. Wher
are our reasoning powers gone II we do nc
believe that they intended to kill Taylor
The evidence proves that it was dome in COZ
not hot blood as claimed by the defense,
In scathing words he denounced the devi
try of the old man. Look at 1t. While b
sister has his head in her lap she hears th
command "shoot him again Lew, there
is" She goes up to this demon and says
"Gentleman do not do that, you have alread
killed him." If you believe that Lewis
List did not inteLd to Phoot until his iatht
commanded him, it shows that he did M
do It in hot blood by cool deliberatiol
1t shows that he obeyed the deviltry OF b
fat ler. II it had been done in hot bloc
when the tide had returned he would hal
exclaimed my God, l have killed a fello
man, or some one 60 for help. His excl
nation was altogether different, and Shove
the deVilsh temper Of the man. Iuclosinl
Mr.. Gray said that justice in the person
George b. Taylor, who lies bleeding at yol
feet and cries out for verdict of guilty
your hands.
The argument and appeal Of Mr.. Grs
occupied an hour and 35 minutes and WI
the most able and impassioned one that h;
ever been heard In this State. His dept
tion OF the crime followed minutely fro
its inception to the fatal shot was so vyi
that II brought tears to the eyes of q nun
Der of ladies in the room.
At the adjournment of court he was nj
only congratulated by his many friends an
members of the bar who heard it, but by Il
Bench
At 1885 Chief Justice Comegys cor
menced to charge the jury and occupied ,
minutes in doing 1t. 1t was the first chars
under the proposed amendment to the CO..
stitutlon prohibiting the Bench from r
viewing the facts or testimony. 1t w
purely presentation of the law In regard
the different degrees ofmurder and homicid
Before entering upon the explanation of Il
law His Honor took occasion to highly cor
piment not only the States officers but Ii
attorneys for the defense, Messrs. Sharpl
and Harrington, for the able manner
which they had conducted the case. Tur
ing to the jury he said: Gentlem,
you stand here between public opini
and crime; it is your du
to protect that public. You are TO be &c
erned by nothing except the evidence. Y
are not TO determine the case by malice
sympathy; you must adjust the facts a
all hostility must be removed. If you fl
the evidence sufficient you must convict.
His Honor then defined the deg.ees
murder. Murder in the first degree,
defined, is when one kills anotl
III q sedate or deliberate manner,
lays in wait for another and kills him. I
penalty in this degree is death.
The second degree is generally defined
when the killing is done through mai
nancy of heart and deliberate mind.
Manslaughter is defined generally that
killing was done under the heat of bio
and before the blood has time to cool
and reason resume sway. The ia
blow must be given under passi
If two persons are engaged in combat
one fees, and the other within Teasona
lansa Of tine ehoi1ld shoot and kiIl