Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1886-02-18

| the result possibly OF spinal trouble.
DIR. John j. Black, physician of th
New Castle Jail, who has attended Tale
since his incarceration, said he was in
very low condition when he came to th
Jail, evidently suffering from tho effects O
tho wounds on his bend. At present hi
general vitality is low, as the shock to hi
nervous system has had paralyzinI
effect upon his heart. His temperatur
has never been below 990, and he had fire.
quent hallucinations up to the last five o
six days. The wounds on his hea(
are healing and doing well, but hi
general condition, the result of tn,
wounds. was, and still is, serious.
At o'clock court took recess until II
o'clock Friday morning. a...
Perfect police arrangements regulated
the rush of people into the courtroom,
when the doors were opened, a few
minutes before 10 o'clock Friday morning,
and Chief Dougherty's squad of half.
dozen stout policemen kept the crowd
rapidly moving and prevented any jam
or unusual confusion. The people quickly
scrambled into the seats and along the
walls, and when the room was comfort
ably filled, the doors were closed in the
faces of 200 or 300 applicants for admis-
sion. -.."5
Deputy Attorney. General Biggs said
he understood the jury wanted a better
understanding of some testimony given
Thursday afternoon, and Foreman Car
penter said they wanted to know if
Joseph Weldin, when he was cutting
through the snow-drift in the marsh road,
cut any snow out of the 40 feet of road
between the bars nearer the Philadelphia
pike and those near Talley's house.
Mr.. Weldin was recalled and in answer
to queries made by Mr.. Bird, said he cut
little just along the edge of the road /;
there was no depth of snow of any ac-
house the deepest place being only two
feet three inches.
"But that's not answering our ques-
tion," said Foreman Carpenter, "did you
cut any snow in the road between the
lower and the upper barsp
"Yes," replied the witness. "That
settles it," rejoined the foreman.
DR.. Howard Ogle corroborated the tes-
timony of DR.. Stubbs in regard to the
physical condition of the prisoner and
the danger that threatened his life for
several days. The condition, he said, was
the result of the blows on his head. In
regard to the partial paralysis of the
lower limbs, he said it might be only
temporary or it might remain during his
life. -..-
Mr.. Biggs, inquiring of DR.. 0gle in re-
gard to the body of j. Wesley Handy,
asked him, as medical expert, in case of
death resulting Immediately after being
shot, from internal hemorrhage, would
there be any marks of bruises on the
head from blows by club which made
no abrasion of the skin. He said there
would be no inflammation, but there
might be some discoloration.
Mr.. Bird exhibited the club alleged to
have been used by Talley and asked if it
were likely that blows from such a
weapon would leave no discoloration. He
said it was not.
Mr.. Bird then inquired if it were posi-
BILE for man, after receiving wound
like Hanby's was described to be, TO walk
away several feet and pick up gun. He
said it would be almost an impossibility.
W. S. McNair, who was secretary Of
the coroner's jury TO investigate Hanby's
death, said he examined the ground
around the bars at Talley's field, and
found blood on the snow about to 10
feet inside the fence. Harvey b. Vande-
grift saw the blood from TO 10 feet in
side the fence.
William II. Long said that on the morn
ing of the shooting he drove over to the
scene and talked with Joseph Handy,
who said that he rode down the road that
morning in the wagon with hiss son Wesley.
j. Poulson Chandler testified that the
character of Isaac s. Talley for peace and
good order was most excellent. He was
asked in regard to j. Wesley Hanby's repu-
tation for violence and quarrelsomeness
but the State objected, on the ground
that the character of the deceased, in
capital cases, cannot be brought into
question, quoting a decision from the late
Judge Booth to this effect. The question
was argued at length, and the objection
sustained by the court.
Abram Palmer, Abner Woodward, Prof.
William A. Reynolds, Jehu Forwood,
Harry Sharpley, Esq, Thomas Nj. Robin
son, Robert Salisbury, Clark Webster,
Isaac s. Elliott, George Miller and Harry
Beeson bore testimony IL Isaac S. Talley's
good character. The defence had between
50and 60 witnesses summoned to testify to
this effect, but as the State did not ques-
tion the good character of the prisoner,
the court, for the purpose of saving time,
decided that few witnesses would be
sufficient.
John Talley, the prisoners father, was
called to testify to difficulty that oc-
Cured between him and ]. Wesley Handy
at vendue in March last, but MIR. Biggs
objected, as it would open door so wide
to admit all evidence in regard to the
fracas, that there was no telling where it
would stop. The court held that this
would be testimony in regard TO the char
acter of the deceased, the admission of
which had previously been refused, and
the objection of the State was sustained.
Miss Jennie Beeson testified that she
helped to take out Isaac s. Talley's false
teeth the morning he was hurt, and
found four of them broken of. The set
was perfect the day before to her
knowledge.
The broken set of teeth and Talley'a
overcoat with blood. stains upon it, were
offered in evidence. The defence then
rested.
In rebuttal the State called Charles F.
Smith, barber of this city, who shaved
j. Wesley Handy after his death, and
asked him if he saw any bruises or marks
on his face or neck. The defence OBJ
iected that this was not in answer to any
thing brought out by them and should
have been put in when the case was pre-
scented by the State. Mr.. Riggs claime'i
that the defence had attempted to prove
that there were no marks or bruises on
the head of the deceased, and that this
was in reply. The court held otherwise
and sustained the objection of the defence.
Chief of Police Dougherty was called
to testify in regard to the condition Of
the marsh road on the morning of the
shooting. He said he went out with
Deputy Coroner Smith, in carriage with
pair of horses, and went across Talley't
fields and into the marsh road through
! the lower bars, nearer the Philadelphia
pike, without much trouble. He was asked
about the trouble he had going back, bui
the defence objected that this was not il
contradiction, and the objection was sus
tanned. The State then closed.
Mr.. Biggs, for the State, asked the
court to charge the jury, as follows; l
That if the road was impassable, the de
ceased had right to cross the land o
of the prisoner, doing no unnecessar.
harm. O. If the road was passable, ant
the deceased was about to become tres
passer, the prisoner was not justified il
taking the law into his own hands an'
resisting the trespass by force, but shoul'
have taken the law for redress. 8. Il
order to Justify the killing as necessity
the person seeking to justify must b
without fault i'll bringing about the ne
cessity, and have done all in hi
power to avoid it. A conflict provoked b
ihe defendant cannot be set up in his dc
fence. 4. When plea of self-defence
set up the burden of establishing the fac
To the satisfaction of the iury rests upo