The daily gazette., 1874-11-27
The Murder Trial,
The Full Text of Judge WOOttOn's
IJo Charge 20 the Jury. "a.

Il
1J9 Charge 10 the Jury.
As the late hour in which Judge Woot-
tom g charge to the jury was received, on |
"Wednesday, prevented us from publish !
ing it in full on that day, we reprint it |
complete, in to-days edition;
New CASTLE, Nov. 25, 1874.
Court opened at 10 o'clock, and Judge |
Wootten commenced his charge to the |
jury, as follows:
Gentlemen OF the Jury, i think | may |
be permitted to congratulate you, my |
brothers on the bench and myself on the |
approach of this Irotracted case to its |
final termination. When l speak OF it,
however, as a protracted case, do not
| mean to say it has been very unnecessari-
ly so; itsmagnitude requiring time and
careful, scrutiniZing attention.
Joseph III. Taylor, .tbe prisoner at the
| bar, stands indicted for the murder of
Robt. A. Mackey and Of murder of the
first degree, alleged to have been conf
nitted on the 28th OF July last, at Draw
yer bridge and creek, in this county.
it is charged in the indictment that the
prisoner at the bar then and there with
scarcely forethought, did cast, throw
and push Robt. A. Mackey into that
creek in which there was great quanti-
|
water, the said Robert A. Mackey was
choked, suffocated and drowned. To
this indictment the prisoner at the bar
pleaded that he is not guilty and put
himself on God and his country which
country you are, and the issue which you
are sworn to try, is whether he is or is
not guilty in manner and form az he
stands indicted. 1t is proper for me to
say that under this indictment he may
be convicted of murder of the tirst'de-
gree or he may be acquitted as he stands
indicted, and convicted Of murder of the
I'd degree or he may not be convicted of
murder of either degree but of man
! slaughter. But if you should be salts
fed after careful and full considera-
ton of all the. evidence and applying it
| to the law as shall give it to you, that
it is notproven sufficiently and beyond
reasonable doubt that he is guilty of
! murder of either degree of man slaugh-
ter your verdict should be of acquit-
tai, these being the only offences for
which he can be convicted under this
Indictment. The case gentlemen is of
b great at,importance, as well to the com
munity as to the prisoner at the bar
The object of the criminal law is not
merely to punish those who violate it,
but for the protection of Society. Its
pains & penalties are therefore held out
to others as beacons of warning to de
ter them from the commission of alike
offenses. 1t is of course important to the
prisoner at the bar because his life is in
rolled in and hangs upon its issue You
i have the evidence as given to you by the
witnesses and shall endeavor to give
lyou the law applicable to the case, as
. clearly and as briefly as / am able and il
will then be your duty to apply it to the
levidence and upon the law as you will
have it from the court and the evidence
as given to you by the witnesses and 9th
erwise and thus determined the guilt o.
Innocence of the prisoner at the bar with
out considering what may be the conse
qIences to him, your duty being simpl.
to find the fact of guilt Or innocence.
1t seems that the prisoner at the ba.
and the deceased Robert E. Mackey wer,
both from Chester co. Pa, and were ac
quainted residing not far from each 9th
er. The one was i'll this county profes
senly in the lightning rod .busines and
the other for the purpose OF selling phcs
pilates.
The first meeting which resulted il
, this alleged sad tragedy was at Newark
on the morning of the 18th Of July last
Mackey going to the Deer Park Hotel a
Newark on the night of the 9th of July
Mackey having a h orse and buggy. Abou
n clock on Tuesday morning the 28th 0
Z July he settled for his breakfast and hi
: horse.
Beforo. the deceased left the hotel tn
= prisoner at the Bar was there in conver
sation with him. After Mackey was il
his carriage to go OH he got out and h
and the prisoner walked into the bar
room together. Whether he was invites
| n hu IA ~ nf n not ll
they drank does not appear. Macke
got i'll his carriage and drove Off. I he,
were next seen at the Washington hote
in Newark, about 800 yards from tn
Deer Park hotel, which they had jus
left. They drank together at the Wash
ington House, Mackey paying for tn
!: drinks. The prisoner at tho Bari toll
/: the bartender he thought he wolSd b
j: back in an hour or two, ard left his va
lise. They both got in the carriage an
drove off toward Ogletown, turning oi
at Christine. Tho prisoner said he ha
coaxed Mackey to take him as far as tn
culvert where he was going, and perhap
to Wilmington. They are afterward
seen on the rond between Newark; an
, Christine, and subsequently at the hotC
y at the latter place. Taylor said some
thing to the landlady about board fo
three men and two horses. Mackey wa
lords wife, her husband not being home
> if Mackey wanted anything to drink nc
to let him have it. There was no intoz
icating liquors sold at that hotel. The
{ said they were going to st. Georges bu
drove off in the direction of Elktor
They were next seen at Wallace's hotc
e. at st. Georges, between two and thre
on o'clock in the afternoon, where Taylo
to engaged board for three men and thrc
ea on horses, saying he was in the lightnin
he rod business. He proposed to trad
ks horses with Wallace but he declined t
'er trade. Taylor had the horse fed an
IN said he had no money but said he woul
nd ,s be back and settle after he went to Del
es. aware City to see his partner to ge
money. Mackey had taken a nap. Tay
tly lor, after he had contracted for boart
called up several persons to drink. II
then went out and soon returned an
!. asked Mackey, who had then arouse,
- to go. Taylor bought bottle of whi
key. 1t seems that Taylor put Macke
81 in the carriage, but he got out, sayin
II he was not going to be put in in this
~ way :. wanted his clothes brushed. The
p got in the carriage and Taylor took th
reins and drove off towards Odessa Tt
op1u o1o n, ~ h =, 10 tl,a hor,,o =,