Daily Republican., 1886-02-11

being showu the pistol identified II by
certain marks, which he had placed
upon II, as the ons which he had
obtained at Talley's house, and Mr..
Biggs then offered it in evidence. :.
Benjamin r. Handy was sworn, and
testified that he is q broIher OF j. Yves
ley Hanby, deceased. On Monday
night, as he was going home, about
half past six or seven O'Clock, he met
his brother on the road between his and
his fathers house. His brother was in
q sleigh and they went together TO meet
their sister. On the way they met her,
aud the witness then went on down to
examine the road. The snow was at
least four feet deep, and he and his
brother walked through 1t to the lower
bars. On the way back they saw the
prisoner in the wheat stubble field
alongside the read, ana Wesley said 10
him this is q bad roai you want me to
go through.
Taliey replied you will have to go
through it or stay at homo, and that II
he didn't like it he could shovel 1t out.
The witness brother said that he would
not drive through the drifts, but would
pass through the upper bars the next
morning, ard Talley replied, II you
attempt 1t you viii bs q dead man"
The witness remarked to Talley that
he might let him 20 through, but he
did not make any answer. Tho witness
WAS not present when the shooting took
place The next morning he WAS ON the
road and heard two shots OF n pistol,
aud buried down to where his father
WAS he saw his brother lying on the
snow and helped to put him In the
wagon.
On cross exam In alton by Mr.. Bird he
said he knew Curtis Tslley. road com
missioner OF Brandywine Hundred on
the night previous 10 the shooting he
aud his brother met Curtis Talley u few
minutes after they left Isaac 8. TAlley.
| The witness remarked that the roads
were in a bal condition, but did not
remem Der hearing hi, brother tell Curtis
NJ. Talley that he intended to go through
the upper bars the next morning or hts
name was not Yves Handy neither did
he remember hearing his brother say
that he could whip Ike Talley, and II he
could not do It with bis fists he would do
it with q club. His sister drove through
the drifts on Monday night in buggy
When Talley told his brother that he
would be dead man IL he undertook
TO 90 through those bars. he replied :
81 shall go through to morrow morn
ing" He did not think his brother
could have got through the drifts with
his calf wagon; he would have upset
The witness WAS at Searing's the even
ing previous " the shooting his brother
Yves vas also there and had his gun !
the witness saw him load his gun, but
did not say to him, Yves. IL you are
going to shoot him do 1t right, and be
II m fsa,N ,Ntnah ~ VhaU a pa
large" but he lid tell him not to let
TAlley kill him. The witness did not
pick up the gun after the shooting and
run at the oolored boy Lockwood.
Charles Megginson was sworn, and tes
tiled that he resides on the Marsh road
about a mile and quarter from the
pike. On the morning OF January II
he went with his milk wagon from hi,
fathers house to Edge moor He went
through the bars nearest Talley's hous'
and crossed two Of his fields to get to
1.-The pike. The morning Of the shooting
he did not attempt to 60 through these
bars, Dut went on down 70 the lower
ones. He had four forty quart cans IN
the Wagon, aud had two horses attach
cd, and drove through the drifts, bu
had considerable tro IA BILE and came very
near upsetting; he thought 1t dAngerou,
aud would not undertake such y thinl
again.
lda Iailey was sworn, anu tesune0
tnat sne pAsseu alonH INC IoAu spoken
Oh on monuAy sVoniuKi acooHPahleu
by Hanby's sister. She was going to
Joseph nanny ., as sno nAu some ufess
making TO do there. She did not know
any thing about the road, but she knew
that after leaving the Philadelphia pike
tney crossed several nsiue, ana Whei
they came 10 tne MARSH roa1 tound ths
snow very deep. Tne carriage came
, very near uDsetting, anu they Doti
Jumped out III the snow. la HanOI
ed the horse, while the witness walkec
. behind and held her weight on the c Ut
riage to keep 1t from uPsetting.
iua hanoy was sworn aod corroDorA
, ted the testimony OF the preceding wit
ness.
DIR, Springer testified that hs went t.
Hanby's house on the afternoon OF th
. day or the shooting, anu upon ini
An examination found q puncture'
wound In his LETT side. Upon eniar2
ing tao wouat AM inserting Il Il
, nnger he found that the Dali had pierce'
the perioardium. or outer coating O
the heart, which was filed with clotte
blood. This wound was the cause o
!, the mans death. He found anothe
a wound, or abrasion on the mans wrisl
: but did not take much notice OF 1t 1t th
time,as 1t was but slight. He examin
ed Hanby'S head for wounds from
club bnt failed IN ind any wound O
bruises.
oI On cross examination AIR. Bird shoV
= cd the witness the club that 1t is elaine
ralley beat Handy with, and aske
9 haad or mack aYeh aa UouIJ ha xoad