The daily gazette., 1883-11-23

DR.. 0gle, recalled to testify as 70 the
physical condition Of young List, and was
asked by Mr.. Harrington If he had not made
an examination Of the prisoner.
The Attorney General objected to the
question, and said that the physical condi-
ton had nothing to do with the shooting,
n Nj, Harrington said the defense intended
10 prove that the man was troubled with en-
largement Of the heart and was OF nervous
fempefAment /
J The Attorney General again objected, and
after consultation the Court ruled that the
question was not proper one and DIR. 0gle |
was stood aside.
Mrs. Elizabeth List, wife of the elder List |
was called and testihed-Live in Walnut |
between Sixth and Seventh. The question |
was asked "what was the first intimatton you
had Of the murder The Attorney General
objected and said that the first intimation
abe had received of the murder had nothing
to do with the murder. Mr.. Harrington
said, "we intend to prove by this witness
the state of excitement that young List was
in when he arrived at his mothers house.
The question was oyerruled.
Mrs. List, continuing-My son came to
the house shortly after l2 o'clock, in great
excitement; his face was bloody and he spit
several mouthiuls Of blood; he never was
strong man.
George Grubb, testiled-Live at 726 East
Eleventh street; when got to the body the
man was bleeding at the nose; took my
handkerchief and wiped the blood; when
got up found large cobble stone on right
side; his head was lying toward the porch
and his feet toward the gutter.
Mrs. Martha List, wife OF young List;
testiRed-Llved on Shipley street above
Front; when we moved to 606 Eleventh
Mr.. an Mrs. Dean moved with us;saw Mrs.
Dean about IL O'Clock on Saturday morn
ing in the kitchen; Mrs. Fell came with her
TO the house on Saturday morning; they
staid until nearly 12 O'Clock; after Mrs. Fell
came in the first to come in was George
TAYLOR; the elder List had come in during
Mrs Deans and Mrs. Fell's absence; when
Taylor came in he said what In h-ll is the
matter; and l answered nothing except that
wanted Mrs. Dean to go and give up house
and make sure OF rent; Taylor with an oath
said If Mollie has anything here let her take
1t out; / said will you take it out, and he
said do not know that will take 1t out
the elder then spoke up and said you mus
remember that these things belong to my
Son; nothing else passed between them;
Taylor stood about two or thre
minutes he and Mrs. Fell stoo'
on the porch about three minutes
he then walked to Eleventh and Pine; h
came back and knocked at the door ant
SAID: 81 want to see Frank" / answered
no Frank here; he said: 81 am mistaken, /
is Lew;" Lew went out; was standing Oh
porch and asked elder List to go out, as h
(Taylor) VIII kill him; there was a stel
behind the door, and / handed it TO him
the stick was a slim one; ! used it as
clothes-stick; the elder List ran out into tn
street, and Taylor said you old B. Of b.
don't you come or will give you some, toC
i saw the stick raised, but did not see hiT
strike; when the old man got out TaylC
had young List down, with his knees on h
breast, and punching him in the face; afte
ran around to Eleventh and Kirkwoo
streets; when Taylor ran the old man WI
standing where they left him; l next sa
Taylor coming around from Elevent
and Kirkwood with two stones
his hands; he said, you O.
s-of a b-I will give you one, and /
threw one at him; the old man ran and AS
ed me for the key of the house and to
him it was In the door. The witness detaile
what belonged to Mrs Dean which amour
ed to g few plates, cups and saucers, tv
knives and forks, clothes line and tv
dozen of clothes pins; all the rest belong'
to my husband.
Cross~examined by state-but her test
mony in the main was substantiate
Albert Fountain testifed-Live at s.
French; remember the day of the shooting
Taylor; saw the elder List the day befo
both are paper hangers; the older List So
to me on Friday that he would be at I
house on Saturday to paper the ceiling.
Mrs. Mary Dean, recalled by the State
Had no furniture in the vestibule nor carr
In the rooms.
This concluded the testimony. At Ii.
o'clock Attorney. General Gray asked p
mission of counsel to retire for consultatit
which was granted.
At11.25 Deputy Attorney Cooper open
argument before the jury for the State.
opening the case told you that the pi
0ners might be convicted of murder in
first or second degree or manslaughter.
younger List is guilty of some crime as
have shown you, and counsel for the pris
ers has partially admitted it. OF what offe
is theyounger List guilty He certainly tt
the life OF fellowman on that day.
law presumes that a man who uses a dea
weapon has malice In his heart. The
tense claim that the killing was done In S
defense. II the two shots fired at Tay
while running, then you consider it m
slaughter. If his life had been tai
while running on Eleventh street 1t
tainly would have been manslaugh
but before the fatal shot was fred Ii
blood had had time to cool, and that pre-
in law TO be murder Now let us com
the facts. After the Lists came
young Lew ran up on porch and hid h
self in a door, and when Taylor comes al
shoots him. This was done in cold bic
Talk of self-defense Why the court
tell you that there was no sei-defens
the case. George B. Taylor did not Il
that List was there. List could have
capped; he could have gone In
asked Mr.. Ford to protect him or he ct
have run away. The defense has not sh
that Lewis f. List was in great bodily hs
Mr.. Cooper spoke until 12.30, and In
cluding said he would leave the matte
the jury.
q He then submitted a number of point
s1aw bearing upon the case, and read soy
authorities. s,.
At o'clock court took recess un
O'Clock this afternoon.
DR.. Simms' Pain Searcher. the nerfa,