Daily Republican. [volume] ([Wilmington, Del.]) 1874-1890, 1886-02-13

hrst stated the cas- 10 the jury he told o
very pretty story, which sounded
almost like fairy tale, about Isaac 8.
Talley making fire In the, road and
waiting for asnby to come. While he
listened TO him he thought be was stat
ing more than he could substantiate,
and subsequent events showed that he
utterly failed TO prove what he had
stated.
He said that the jury would agree
With him, hat IL the road was not
impossible, John Wesley Handy had
no business TO attempt to cross Isaac
.. Talley's place. Even the witnesses
for the State had said they pass ed over
the road. and although they had some
little difficulty In getting along, they
did get along, and that without up
setting. and these witnesses were all
relatives Of the deceased. Then they
brought the two girls who drove along
the road at eight O'Clock Monday pizht
in n buggy they didn't upset; they
jumped out, and yet they say the snow
was four feet deop why, had it been
that deep they would have drowned
had 1t been that deep 10 would have
been clear up ia their carriage and it
would have stuck fast.
The defense had brought the road
commissioners of that Hundred, the
men whose duty 1t is 70 know the CON
dition OF the roads, and they said the
road was not i'm passable. Why didn't
Inc state send some one out there to
measure the snow? If instead of capi-
tal offense they were trying a suit for
trespass, in which damages to the
amount of twenty-five dollars we're
claimed. and the Deputy Attorney
General WAS the counsel for the defen.
dant he would have had men there at
once, and ascertained the exact depth
OF the snow. Why, didn't he 20 ont
there himself? Why, if that snow was
four feet deep he would have been mp to
his arm pits.
The defense had the snow msagured,
and their witness had told the Jury
from the stand that in the deepest place
It was but two feet eight inches in
depth, and yet In the face of that, with
out measuring 1t, they get the father. In =.
law, and the brother.in.law of the de-
ceased, men whose testimony Is more or
less Influenced by their relationship to
him, to come and say the snow was
four feet deep, and the road i'm passable,
but nevertheless they passed over 1t,
and that without any accident.
Not only that, but the defense slso
o'OhShs 4hi' WChuihJ buo Iuhu tmplOyeu
by the supervisor to shovel the snow to
one side, and he testified that the road
was not only passsble, but persons were
passing over 1t without danger or diff
Guilty. Other witnesses had testified the
same, and In the face of this testimony It
Is ridiculous to claim that the road was
impossible, and there is nothing in It,
The fact 10 that Talley opened the lower
bars and told the Hanbys and every one
else that wanted to, to drive across his
field, and as far as he knew they are still
driving across. 1t was not that Handy
thought he could not get down the road,
but II was to get some excuse to kill tine
man that he had sworn to put bullet in
his heart. He made the VOW on his bended
knees but eight hours before he snapped
and snapped that gun at Isaac s. Talley,
| and with his eyes closed and hand lifted
toward Heaven, he called upon his merci-
full Saviour to witness that he intended to
put q bullet In the heart of the yellow
Is-n of b-h.
He spoke of the testimony of Benjamin
Franklin Handy, who said that on the
night previous to the tragedy he had
heard that poor man in the dock say that
If Wesley Handy undertook to go through
those bars in the morning he would be
dead man. In this he was unsupported
and while he would not say that one se
Iyoung would be guilty OF deliberate per-
Ijury, he would throw the mantle of charity
over him and say he was mistaken. Ben
jamin franklin Handy stands alone like
q sapiing on the mountain top. He called
the attention of the jury to the character
and respectability of the witnesses, te
the good character of the prisoner, and
said he could produce a hundred more
but 1t was not necessary. Whose word
will the jury take ? that of Frank Handy
who stands alone, or of these men, many
Iof whom had known Isaac 8. TalleI
since he was boy?
Mr.. Bird said that he had read of wild
western scenes and of barbarous actions
but he never read or heard of such scene
as was enacted within two miles of this
Court House ON the night of January IL,
where Joseph Handy, the father, and
three brothers, were present, and one o.
them, John Wesley, fell on his knees and
made solemn vow to take fellow
BEINGS life. AS he loaded the gun to full
I'll his VOW and got the powder In the
wrong barrel, he poured 1t out and said
there's bad luck gone to hell already.
As he rolled the paper balls he said t.
little Harry "I'll make them round, sc
that they will go deeper into the yellow
ls-n of b-h's heart" Such a scene
may have occurred In the bloody annall
OF Missouri, or In the early days of Ken.
ltuoky, but he doubted 1t, and yet 1t dit
happen in this, the nineteenth century
and that within two miles of this Couri
House. Within five years Isaac s. Tale,
was on jury in that very box now hi
is in the prisoners dock, and some of tn,
present jury might be in the same plac,
In the future, especially II they have
4 Wesley Handy for neighbor, and 10
seph Handy to urge him on. He alst
called the attention to the discrepencie
in the evidence of Joseph Handy, and t.
the witnesses which he had brought tt
contradict him, and asked If all thes,
were liars, and Handy the only one tina
tod the truth? He would not say tina
Joseph Handy lied, but he did say that h,
was mistaken.
Mr.. Birds description of the scenes o
that fatal morning were vivid, and helt
the vast concourse of spectators as though
they were spell-bound, after which b.
asked the Jurors to take 1t to themselves
and try the case as though they had beer
In Talley's place that morning. In con
clusion, he said he knew the Court woul'
instruct them that If there was reason
able doubt in their minds they must CIV
| the prisoner the benefit of 1t and acqui
him.
He concluded at 8 25 o'clock, having
spoken for over two hours, during whicl
he held the undivided attention of tn
. vast audience with his matchless elo
quence, and when at last he took his seat
: lit was conceded on all sides that he ha,
made one of the finest, best and mos
Innnutnafnn I arnpImanfn dRliURrn6 III