Daily Republican., 1883-11-24
FIFTH EDITION,
ALMOST TO An END.
Proceodlngs 10 the List Case this
M0rnlpg-ArgWmene Of she AssOr.
nAv-(3AmAPA1.

this morning, and the usual number o
ladies' were present. The space inside
the bar was almost filled with ladies
aud even the reporters table was sur
rounded by the fair sex. The jury wer'
brought In few minutes before II
o'clock looking tired and weary with
their three days confinement In the
Court House, aud a. they took theil
seats their names were called and al
answered.
Chief Justice Comegys and Associat.
Justices Wootten, Houston and Wales
wero on the bench, andls few minutel
after the opening Mr.. Bharpley again
addressed the Court and jury In behalf
Of his client.
He cited number Of authorities Ia
prove that this was clearly case VI
self defense, or that under NJ circum
stances could the crime 10 anything
greater than nmanslAughter. He claimed
that there had not been any previous
malice shown on the part OF List, and
consequently the killing was done In
hot blood.
He also submitted number ofpoints
on which he asked the Court to charge
the jury, and closed at II o'clock.
Attorney. General Gray Immediately
opened the closing argument for the
State by stating that he did not intend
to consume . great deal of time In ex-
amining the points Of law submitted by
the defense, AZ he did not think that
anything had been shown In the whole
course of the trial to Justify a plea OF
self-defense. This case Is either one OF
manslaughter or some higher degree Of
homicide.
After addressing the Court . few
minutes, and reviewing several Of the
cases cited by Mr.. Sharpley. he pre-
sented number Of points for the con-
sideration of the Court, and commenced
his argument 10 the jury.
He said he knew this was a duty tha
they as we'll as himself would gladly
escape. This was responsibility that
rested on them equally with him, and
he trusted that they would render a
verdict1that would Elm accordanc cewi tn
the evidence, and do justice both to the
State and the prisoners.
He could not close his eyes to the pa =.
thetic sight presented yesterday, when
the wives of these prisoners sat in front
of the dock with that innocent prattling
child. There WAS do doubt that the
jury az we'll az himself felt the greatest
sympathy for these unfortunate women,
but they must not allow themselves TO
be governed or influenced by sympathy,
but must render a verdict In accordance
with the facts. 1t seems to be the pro-
vince of man in this world to bring
Joys or sorrows, 10 raise up and cast
down these who are bound 10 him by
the closest ties.
The different degrees ofhomicide were
explained by Mr.. Gray, ard he said
that neither the law or common sense
would or could justify man in taking
a human life under the circumstance
that Taylor was slain. This prisoner
killed him, and then boasted he had
done it, and now when brought before
the bar of justice, he asks the jury to
also become participants, and say he
done i, in seli-defense.
Mr.. Gray was particularly severe on
Lewis +. List, and when he pictured
the scene on that fatal morning previous
to the shooting, when II was shown
that he had told his wife to break Mrs.
Deans dishes rather than let her take
them out, he denolninated him as a
" petty household tyrant."
He did not think, under the circum.
that lie himself would have
acted al calmly as Taylor did. He went
tO this house and stood In the presence
Of the man who had struck his niece,
and when he asked that she be allowed
to remove her goods, the old man List
told him that all the goods in the house
belonged to his son, and George Taylor,
that he might be wrong, said :
g Well, the goods amt mine, and !
won't have anything to do with them"
and went out.
But he did not 60 away; the speaker
wished he had, but he did not think
that he would have esteemed him AZ
much if he had. He went to tho corn-
er, and told officer Walker that he ex-
pected there would be fight, and he
wanted him to be around and arrest all
hands. He done this, becausein his ig-
norance of the law, lie thought that
then the matter would be settled.
The longer he studied over the matter.
the more he felt the injustice that had
been done his niece, and he rt turneh to
the house and called List out. He asked
him to let her have the few articles that
belonged to her, and he replied, ''if you
will pay me seven dollars and half,
she can take them, and Taylor finding
that he could not get the goods, said, |
don't want you to strike that girl
again." and List made some reply,
" hen Taylor struck him, but he did not
use a pistol, a club, or any kind of a
deadly weapon; he only used the wea
pon nature had given him.
He did not blame old Mr.. List for
running out with a stick to defend
his sou, If he had stopped there, but
he did not, for when Taylor ran, he
possessed with seven devils, cried
shoot him Lew, shoot the s-n of a
b--h," and the son In obedience to the
fathers commands fired two shots a.
the fleeing man.
List was brave man as long as Tay
10 IS back was toward him, but wheI
he turned, both the l. ats ran back, tn
one secreting himself in door, lyinl
in wait, ana as soon as the d maj
saw Taylor as he was returning for hi
hat, le G i'd 'Aw's your time, shoe
him now," anu again. in obet ience u
his fathers order he fired, and sen
George Taylor, without a prayer, with
out word into the pres. nee of tina
great judge before whom we oil mus
) and.
The very way in which the shooting
was done shows that Lew List had con
| troll of his reason. an did not kill him
as claiued by the defense in hot blood
| As so0n as he fell, and even Will,
Tay'or's sister was bending over hin
and begging him to speak to he-, th'
old man says: "Jump on him nov
Lew, beat him, stamp him, and II you
need another shot I've got one."
This showed the ferocious nature o
the old naR 1t was not enough ths
the son In obedience to hts command
had shot this man down, but he want
ed him 10 beat the dying man still
further.