Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1886-02-11

November term, 1885, for the amount Of
@2, 900, In favor of Samuel G.. Warner,
assignee Of Daniel H. Kent, setting forth
the following statements That in July,
1884, the petitioner was indebted to the
jackson Lime q Goal Company for an
amount reaching between 5000 and
| 81 900; on July 22d, 1884, he called o.
Daniel II. Kent, who was then president
of said company, or representing il in
| some executive capacity, and during
| the interview Kent suggested that he give
security for the debt, and asked him to
| give a Judgment bond and mortgage for
| 81 900. He assented, but as he was then
| about to go away, said he could not exc
| cute the papers until his return. Then
Mr.. Kent asked him to sign the bond
| in blank, which he did, but Kent after
/ wards filled in the bond with his own
name and assigned the same to Samuel G.
| Warner, without, as the petitioner be-
| lieves, any value, and for the purpose of
| defrauding. the petitioner. In Sep
TENDER, 1885, suit WAS brought
against the petitioner by the jackson
Lime a. Coal Company, and u judgment
| for 81 ,016.70 recovered. Not until this
| time was the petitioner aware that he had
given Judgment in favor of Kent. He
applied to Kent, and also to Warner, to
| satisfy the Judgment, but was put off
without any satisfaction. He therefore
prayed the court to open this Judgment,
and let him in on jury trial and to issue
an order for the Judgment to be brought
into court. Mr.. Bradford asked for
rule to show cause why these requests
should not be granted. The rule was
Issued.
THE TALLEY TRIAL.
Preparations were then made for the
arraignment and trial of Isaac S. Talley,
who shot and killed j. Wesley Handy, in
Brandywine hundred, ON January 18th.
Deputy Attorney General Biggs opened
by asking that the case be certioraried to
the court of oyer and terminer, as the
grand jury that found the verdict had not
been summoned to attend this court
The request was granted. Then the
jurors and witnesses were called.
An easy reclining chair was brought in
and placed in the prisoners dock, and
then Talley was brought into court. His
head was bound in bandages and he
walked with difficulty, supported by two
friends. His wife, mother and two tip
slaves followed him. The prisoner was
allowed to remain seated during the read
ing of the indictment, DIR. 0gle stating
that he was suffering from partial par
alysis of the lower limbs. He listened in
tently to the reading and in response to
the question "Are you guilty in manner
and form as you stand indicted, or not
guilty." replied, deliberately in firm
voice, ''not guilty, before God nor man"
Chief Justice Comegys inquired if the
prisoner was in condition to stand the
excitement of the trial and Senator Gray,
of counsel for the defence, said the at
tending physicians were of the opinion
that the effect of his continuance in Jail
with the indictment hanging over him,
would be more dangerous than the ex-
element of the trial. The drawing of
the jury then proceeded, the chief justice
informing counsel for the defence that
they would not be permitted to waive the
question as to whether a juror had
formed and expressed an opinion as had
been done in recent capital cases.
The first two called were sworn, Abra-
ham P. Biggs, Benjamin F. Lattomus,
John W. Burris, James M. Downs, Ben
iamin FL. Sapp, Pussy Pemberon, Ma
thaniel w. Radcliffe, Patrick Touhey,
William t. Peach, George +. Wilson,
Alison Mills, William Duff and Henry
Donaldson, Is in all, were challenged by
the defence Daniel Delaney, Paschal H.
Barton, Thomas l.. Truss, Robert Sindall
and Owen j. Hession were challenged by
the State. John McKaig was excused for
sickness, Eli B. Talley by reason Of being
a relative of the prisoner, and Cyrus Z.
Mousley for serving on the coroner's
jury that investigated Hanby's death.
Edward M. Herbert, William Sweeney,
Robert Mclaughlin, Levi Fisher and
William M. Cloud had conscientious
scruples against finding a verdict of
guilty where the punishment is death. In
all 38 names were called. The jury, as
finally drawn, is as follows:
Samuel Carpenter, st. Georges hun
dred; William Moore, Mill Greek; John
T. Cooper, Blackbird; James A. Multi
gan, Red Lion; John L. Allfrey, Apo
quinimink John F. Brackin, Mill Creek;
Frank j. Pennington, st. Georges George
r. Donovan, Blackbird; Charles M.
Herdman, New Castle; Harry q. Clark,
Red Lion; Zenas P. Longland, st. Georges:
johnson Willard, Blackbird.
Mr.. Carpenter was on the Becker and
Davis juries, Mr.. Pennington on the
Becker jury and Mr.. Allfrey on the Davis
and Robinson iuries.
It was 11.50 o'clock when the last jury
man was drawn, and after the indictment
was read to the jury Deputy Attorney
General Biggs opened for the State, defin.
ing the various grade of murder and de-
failing the facts of the case, MS the State
expected to prove them.
Frank II. Carswell was first called and
exhibited plot of the marsh road, com
prising the scene of the shooting and the
immediate vicinity which he explained in
detail, first to the jury and then to the
court. II was offered and admitted in
evidence.
Joseph Handy, father of the deceased,
was sworn and testified us follows: l re-
side on the marsh road, nearly mile
from Philadelphia pike am the father of
John W. Handy on the 18th of January
last was at home my house is about
800 yards west of my sons; he had to
pass my house to go to Edge Moor; on
the morning of the 18th of January,
got up about 5 o'clock, and saw my son
coming down the road; l waited for him;
this was m unusually early hour for me,
but got up because l heard my son had
| loaded his gun to defend himself with
while going to Edge Moor; as he drove
| past ran after him and caught up with
him at the top of the hill, when l took
| hold of the tnil-board and held on
until he reached the place where
the bars were down on Talley's farm;
there he stopped and jumped down, with
the gun and a gambrel in his hands; (the
| gun and gambrel were here shown, iden-
titled, and offered in evidence); l said,
ewes, that won't do; give me that gum"
1 then took the gun and set it up against
the stone WALL saw Isaac Talley on the
other side of the fence with club in his
hand, in his field; (the club was shown
and identified by the witness; it is nearly
three feet long and about % inches
thicls); colored boy was across the road,
attending to fire; went up to Isaac
| Talley and asked him to let my son go
through his field, saying, sit won't do
your field any hurt, and if it does my son
will pay you for it, or the road commits
sioners;n he said, she can't go through"
or ''he shan't go through" | don't
remember which; / had nothing in
my hand at the time my son took hold of
| Il half of q rail in the fence and tried to