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

crossing his fields by going through the
upper bars near mis- house but his wheat
| field was bare OF snow, and the wagons
| wore cutting his wheat, and MS thore was
no snow of any consequence in the road
at this point, he opeued ihs bars for the
passage across his fields NJ another point,
| I70 feet below, where his wheat would
not be damaged. He claimed that he
would produce ample proof that there
was no snow drift at all in the road be-
| tween these two points, and that there
was nothing there torenderit impossible.
He further claimed that the defence
would prove that Wesley Hanhy had
expressed his determination to go through
Talley's farm by the bars near the house,
and had also made threats against Talley's
life in case he opposed him; that after
Talley put up the bars of his wheat field
Wesley Handy and his brother Frank
pulled them down. In conclusion, he
claimed that the evidence to be presented
would prove conclusively thatthe prisoner
had only acted in self-defence.
Frank r. Carswell was called and said
the distance from the bars nearer Talley's
house to where the snow in the road COM
menced was 693 feet; from Talley's house
to these bars 639 feet; from the bridge
across the road to Talley's house, $50
feet; there is chestnut stump, 81 inches
in diameter and Al feet higher than the
field, abont two-thlrds of it being outside
of the fence; the stump is about feet
higher than the road from the bars to
this stump is 43 feet, and from tho stump
to the pile of brush that was burning on
the morning of the shooting, 40 feet.
Walter Lockwood, colored boy, 18
years old, was sworn and testified as fol-
lows, under the questioning of Senator
Gray: knew Wesley Handy; 1 lived
with Isaac Talley over a year,an worked
on his farm; 1 recollect the morning of
Tuesday, January 18th; the night before,
1 saw Isaac Talley and Wesley Handy
talking in the road, near Talley's house;
Handy was in n sleigh and Talley was
going down to put up the bars near his
house; was at the wood-pile, and could
hear what they were saying; it was be-
tween and 6 o'clock in the evening; Mr..
Talley said he did not want him to go
through his wheat field any more,
but TO go down to the other
bars, as they were open now; Handy
said he didn't know that Handy
then said, "but Pm going through the
other bars in the morning; )" Talley said,
mo, you amt" Handy said, "1'll be
prepared for you, you yellow -; I'm
going through there in the morning !"
with this Handy drove on and Talley
went down and put up the bars later in
the evening, after supper, saw Wesley
and Frank Handy going by the house,
and above the house they stopped ana
talked TO Curtis Talley did not see
Wesley Handy again that evening saw
him the next morning; got up about
o'clock, my usual hour, and
attended to the stock; after
came in / saw Mr.. Talley, and then got
some hay to burn brush with and took it
down and poked it in the brush; Mr..
Talley went down ahead of me it was
pile of cedar brush, right across the road
from the upper bars, in the field; there
were seven or eight cart loads of the
be burned, lighted the brush with the
brush pile awhile 1 saw Handy COM
ing down the roud in his
calf wagon; his father, Joseph
Handy, was in the wagon with him
Joseph Handy was ou the left side of the
seat, beside his son, who was driving
they drove over the little culvert that
crosses the road and then stopped; am
certain that both the men were in the
wagon; the father jumped out on the left
side and Wesley on the right side, holding
up gun;he had the gun in his left hand
he then reached in the wagon and pulled
something from under the scat, which he
put under his oyercoat, it looked like a
stick, but don't know what it was; Isaac
Talley was sitting on the fence at the
upper bars, where he had gone just
before the wagon stopped; was by the
brush-pile, and when they came up and
jumped ont of the wagon went over to
the chestnut stump, which is across the
road aud nearly opposite the wLeut-feld
bars; the Hanbys lett the wagon and
walked down to Mr.. Talley; the father
was about four feet ahead of Wesley;
they walked up to the bars, and Wesley
Handy said, "I'm going through there OF
kill the - yellow -;" he was right up
to Mr.. Talley, then, and had his gun in
his hand; his father was right beside him;
Talley said to Joseph Handy, "Mr.
Handy, 90 down to the other bars, there's
| way there for you;" he replied, mo,
he's to go in these bars" then Ialley got
of the fence into his field; the Hanbys
commenced to haul away at the bars,
pulling them down at the end next to the
house, while Talley kept putting them
back; this was kept up for several
minutes, and then heard blows on Tai
| ley's head, while he was on his knees put
ting in the bars, but can't say which OF
the Hanbys struck them, but it was one
or the other cannot say whether Joseph
Handy had anything in his hand when he
| got out of the wagon or not; Talley had
no club in his hand when he went down
| to the brush pile or while be was on the
fence. l could see the blows, that is,
could see somebody's hand go up; when
| Talley got up blood was running down
his face, but he did not do anything,
except to step back from the fence. Wesley
Handy then get the gun, put it to his
arm, put his head down to the gun, which
he pointed at Talley's head and snapped
it. l did not see where he got the gun
from; Handy was out on the road, close
to the bars, and Talley was five or six
feet inside the fence; heard the cap on
the gun snap; then Ialley's wife came
down and put up the lower bar, which
was down; Ialley said, "Lidie, they have
very near killed me, / will have to do
something"
Here Senator Gray asked the witness
what Mrs. Talley said and the State OBJ
jeoted, as Mrs. Talley was not IL compe.
tent witness and this would be putting i'll
her testimony. Senator Grny claimed
that it was part of the res geStG OF the
case and should be admitted.
Tue question was discussed nj some
length, aud during its discussion the
prisoners wife became so violently agita-
ted from the effects of suppressed emo
tion that she had to be assisted from the
court room.
The question was admitted and the wit
ness continued: .a. ...-.... =".-.. .
After Mrs. Talley arrived, both the
Hanbys came into the field, stepping
over the rail Mrs. Talley had put up;
Wesley Handy then put up the gun, and
Mrs. Talley said, "My God, Wes, don't
shoot )" he replied, ''yes, l wills" he
raised the gun to his shoulder and she
took hold of the muzzle and tried TO
press ii down to the ground; then Isaac
Talley sad, II must do something" and
drew a pistol out of outside right hand
pocket OF his ulster and fired ut Wesley
, | llanby; this was while Mrs. Talley had
, hold of the muzzle of the gun; after the
shot Mrs. Talley forced the nluzZle
of the gun down I; Wesley Handy
pulled it away from her and
} Handy was then right beside Wesley
q with club raised in his hunds; whei
i Wesley Handy pointed the gun Mt Ialley
q the third time Iaiiey said, p must hay,
s self defence. and shot his revolver again
i Wesley Hanby then grabbed the gul
!. against his left shoulder, and said, "0h
!, the field and fell across the gun; the bar
l..ft Ia ha ntatxt nj