Daily Republican. [volume] ([Wilmington, Del.]) 1874-1890, 1886-02-13
Near The End.
xEsTERDAY AFrERHOORs Pro.
CKEDTNGslN THE TALLEYCAsE
-sUMmHMG UP.
/ NIGHT SESSION.

Another large crowd was present in
the Court room yesterday afternoon and
when Talley was brongh in, at least
two-thirds OF these present rose
from their seats TO get n look at him.
Proceedings were resumed mt Q 80
o'clock with all the Judges present.
Deputy Attorney General Biggs com
mencsd bis argument TO the jury for
the State immediately after the opening
by coDgratulating them that their labors
were 30 near an end. He said that he
was not before them to vinGioate John
Wesley Handy, who now lies in his
cold grave, neither was he there to dis.
cuss the family feud which had put one
man In his grave, and another ON trial
for his life.
He pitied the prisoner and his a affilcted
family, but he was bound TO do his duty
| In this matter by his solemn oath, the
same rs the jury wers bound to do
theirs. This case possesses all the ele-
ments of murder Of the first degree, and
| that was the verdict which he would
ask at their hands. He claims id that IL
had been shown that between Talley's
house and the lower bars there was n
bank OF snow that rendered the road
impassAble; II, as was claimed by the
defense, this road was not impossible, /,
why was 1t that Ourtls Tailey employ
ed q man to open it? Jonn Meggi nson
had said that while he did pass over
this road with q two-horse wagon, he
had also told them that he held ON to
the side for fear the wagon would up
set, and that he would not undertake IL
again.
Mr. Shaw and Mr.. etitdemange had
testified that they had no difficulty
in getting along, but he believed they
would not have had any difficulty In
tain in the way. But even IL the road
was open, and passable, the prisoner
had no right, and would not be JUST
lied in taking the life of the deceased,
even II he was trespsssiDg on his wheat
field; he could have prosecuted him be
fore any Justice of Peace, or he could
have had him arrested for trespass.
Tue evidence showed that on that
morning Talley had risen from his bed
at an searly bhour; after arming himself
| with a deadly weapon, ordered his col
ured boy Lockwood to 60 with him, and
went ont on the road that cold
come. IL didnot matter who had struck
the frst blow; II, rs has been shown Tai
ley went to this place and laid in wait,
and q fight ensued In which one was
killed, 1t is murder in the first degree,
aud he believed the Court would tell
the same.
He assailed the testimony of the col
ored boy Walter Lockwood, and said
1t struck him rs being carefully and
we'll studied. He reviewed his testi
mony and pronounced 1t inconsistent
in every respect, and therefore would
have TO be carefully sifted before they
received 1t MRS. Soaring WAS pronou nc
cd the most remarkable witness he had
ever met In his short experience, and
her testimony just as inconsistent rs
that Of Lockwood's. He begged the
ijury 70 remember, when they went q
their chamber, that 1t is Isaac 8. Talley
and not John Wesley Handy whom
they are trying, and that they will rem
der . verdict In accordance with the
facts, and believing those facts to be q 8
helhad stated them he confidently askeG
for verdict of murder of the first de
gree. He closed at 3.15 O'Clock, afte
having spoken about forty minutes.
Senator Gray opened for the defens,
by stating that while he did not intent
to dispute the propositions Of law q
laid down by the State, he did intend b
question their adoption to this case. Ii
reference to the FIRST proposition mad
by Mr.. Biggs, that II n road " as impass
able those coming along the road hA,
q right TO use Held, he said that Ii wa
very evident that they had NO sucl
right until they were stopped by the oh
struction. 1t had been shown tina
these drifts, IL drifts they really were
were $50 feet further down the rsa,
I than these bars. II any one has
right 10 cross field 800 feet from al
} obstruction, they have IN equal right t
cross Q, 600 feet from 1t, and that woul'
confer right on the public to enter o
might please, and team could be drive
across mans garden or just whereve
the driver might choose to GO.
He asked that the jury be charge
that TO justify a trespass there must
q real obstruction, which rendered tn
q road really impassable. Each of tn
propositions offered by Mr.. Biggs wer
Y renewed, and some of them pronouncel
|, rs misleadtng In every respect.
He asked the Court to charge tn
jury that retreating TO the wall Is nc
demanded By the law, TO enable tn
defendant to avail himself OF the pie
OF self defense, when his assailant
armed with a deadly weapon, G
when the the attack upon him Is mad
with deadly purpose.
Also, that even If the deceased had
=, legal or technical right todrive throug
y the field, and the prisoner was mistak
Ia en- In stopping him, he had n perfes
right to defend himself when attacke
: by the deceased with deadly weapon
a That If the jury believe the prisone
was attacked by the deceased with
e deadly weapon, he was justified in d,
Tending himself
That the deceased had no right |
attempt TO pass over the prisoner
land when he had opened way TO
him and others, by any other wa
than that which he had opened.
Senator Gray then commenced hi
argument to the jury Mt 4.16 o'clocl
~ by saying that this man whom the
y were trying for his life was not . pc
son who is unknown, and only
Ipre.supposed good character; ON I'll
contrary he was one whose characts
In sirreproachable, and to substantia
that they had been allowed to examin
ten or o dozen witnesses, but IL it ha
been necessary, and the Court won
have permitted 1t, they could ha'
brought hundred witnesses who ha'
known him from boyhood.
He said that he had been connect.
with many criminal cases, but tn
was the first time he had ever Sc,
such seriods charge made with su,
himsy evidence. But two witness
could testify who were present at th
tragedy, and one of them, JOSEF
Handy, had been proved q oo-conspir
tor, and If the jury would convict til
Imam on his testimony thoy would nav