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

During the greater part OF the after
Moons session of court, Isaac 3. Tai
ley reelined in his easy chair in the
prisoners dock in apparently semi-un-
conscious condition. AT one time he ap-
peared to be in a pronounced faint for
several minutes, and his nurse, pleasant
faced lady, who sat in the dock beside
him all the afternoon, assiduously ba'hed
his face with camphor and rubbed his
wrists briskly. He seemed weaker than
usual when brought into court, and
leaned heavily upon the shoulders of the
two men supporting him.
The usual crowd pressed into the court
room and listened eagerly to the evidence,
which was unusually interesting, and was
attended with several tits between oppos-
ing counsel on the admission of evidence.
The defence brought out some startling
testimony which served to increase the
deep interest felt in the case.
When the proceedings were resumed
Senator Gray formally announced, in
order to give the State time to object, that
the defence desired to call Mrs. Eliza b.
Talley, the prisoners wife.
Deputy Attorney General Biggs said
the law had wisely provided that wife
could not testify either for or against the
husband, and the State saw no reason
why the law should not be complied with
in this case.
Senator Gray said he WAS sorry the
State would not waive their objection,
considering the circumstances of the case.
Samuel Saring, who resides across the
road from j. Wesley Handy, said the
latter was at his house three times, the
night before the shooting; Joseph Handy,
the father, and Frank and William Handy,
brothers of the deceased, were also there;
the last time Wes Handy came in he had
loaded one barrel in the house; the other
barrel was shot out that night, by Frank
Handy, who went out into the yard
for the purpose; then Wesley loaded
one barrel, but did not lond the
other barrel, because the tube was
stopped up; Frank tried to pick the tube
out with hair-pin he got from Mrs.
Saring; after he got the gun loaded
Wesley Handy asked show would you
like to have this load in your back ?"
dhe attorney general objected to this
question as the declarations of the
deceased 12'hours prior to the fatal affray
had nothing to do with the res gesta of
the case. Senator Gray argued at length
upon the admissibility of this evidence,
and the court rul0 that it could be ad-
mitted only to prove the intent of the
deceased, and not to affect his right to
cross the prisoners property.)
The witness further said that Frank
Handy said that night, Yves, ii you're
going TO shoot him shoot him right, and
pinch the caps, or they will drop of !" it
was about . o'clock when Wesley Handy
left iis house the last time thai night;
before he left he got down on his knees
md said, alluding TO Isaac Talley. that he
would go through the bars or kill that
yellow - or be killed" 5.....
Mrs. Mary Saring, wife of the previous
witness, described Wesley Hanby's threat
against Talley with more effect and de
tail. She said during their conversation
she remarked that Talley had forbidden
Hanby's father to cross the wheat field,
which seemed to make him very angry;
then il was he fell upon his knees by the
stove-hearth, and throwing up his hands
and rolling his eyes back, made the
threat. The second time Wesley came in
his brother Frank was with him, and he
said they had "been down to put down
the bars" Wesley Handy also told
her that he had told Mrs. Talley
that day, that he would 'haye it
out with Ike yet," and that he cursed her
and made her cry. The third time Wesley
came in the house he had the gua in his
hand; Frank took the gun and shot it
off from the back porch, coming back
and handing it to Wesley, who com
menced to load it he made mistake
and on discovering it poured the charge
out into his hand, saying, "there's bad
luck gone to hell already !" then he
loaded the other barrel, and as he rolled
up some paper into round balls for wad,
remarked to her little boy, "I'll make
these wads round, Harry, SO they'll
go in the heart the deeper" !"
Frank Handy said to him, "Wes, if you're
going to shoot him, : him, shoot him
right, and be very careful in the morn
ing to pinch the caps, or they'll slip"
The witness also said that some time last
March she saw Yves Handy on his porch
swapping pistol, but to the question of
the defence as to what he then said At
torney. General Paynter objected, on the
ground that no idle threats made in the
past, before the blocking of the road
made travel through 1'alley's laud neces-
buI1 OuBub " ko
tor Grny held that they were not idle
threats, and tended to show the feeling of
the deceased towards the prisoner.
The question was decided admissible
and the witness continues; l said "Wes,
who are you going to shoot2" He re-
piled, ITO morrow after IL o'clock when
come back from Edge Moor if that -
- is on the road or anywhere about I'll
put these balls in his heart" / also heard
him frequently curse Isaac Talley and
threaten to kill him,
Anna Mary Saring, daughter of the
previous witness, corroborated the pre-
ceding testimony in regard to Wesley
Hanby's threats against Isaac Talley the
night before the shooting.
John W. Farra said that in the stable
yard of the Gibson House, on January
l4th, he heard Joseph Handy say, "the
only mistake Yves made was that he got
the cap on the wrong barrel !" he was
talking totwo men, strangers witness, at
the time he had since tried to find out
who the two men were, but failed.
John w. Weber, who resides on the
marsh road and is foreman at the Pusey
d Scott Company's morocco factory, said
he helped to put Wesley Hauby in the
wagon after he was shot. The day pre-
vious he came from his house. half mile
| above Wesley Hanby's, between and
o'clock in the morning. and passed
across Isaac Taliey's field at the lower
bars, nearer to the Philadelphia pike, and
had no trouble in getting through the
snow TO the bars his son accompanied
him, and they came back tho same way
in the evening they were in a sleigh,
drawn by one horse, and the snow was
not more than foot in depth at any
place. John W. Weber, Jr., corroborated
this testimony in regard to the condition
of the road, and said if he had had two
horses he would not have hesitated to go
through to the Philadelphia pike.
William Shaw, residing on the Phila-
dolphin pike, said he drove through
the lower bars about 10 O'Clock
on the morning of the shooting and had
no trouble in getting along the marsh
road; the snow on the north side of the
road WAS only about six or eight inches
deep, andhe drove in a.no-top buggy with
one horse.
John Petitdemange, one Of the Brandy.
wine hundred road commissioners. ulso
drove through the lower bars of Talley's
field and along the marsh road on the
morning of January 18th, and had nc
trouble in getting along, as there was moi
enough drift to attract his attention.
Thomas G. Bird, another road com
missioner, who accompanied Mr.. Petitde
mango, gave similar testimony in regard Il
the condition of the marsh road.
Joseph Weldin, who WAS employed tt
cut out the marsh road, said the road wal
passable oil the way from the lowel
bars up to Isaac Talley's house. Th,
deepest portion that he cnt out betweel
J the lower bars and Talley's house was tw'
| fao4 o,,l 4l,raa ;Tnbac