The daily gazette., 1874-11-25
ARG UlNENT BY THE PRI-
SONER'S COUNSEL.
The acknowledgements Closing
Remarks.
THE TAYLoR-MACKEY TRIAL-ARaUMENTs
BY MEssRs. HoDosoN, WHITLEY, BAYARD
AID PENNINGToN-rHB CASE GIVEN TO
THE JURY THIS MORNING.
Specially Reported for the Gasstte.
NEW CASTLE, Del, Nov. 90, 1874

NEW CASTLE, Del, Nov. 20, 1874.
Court opened at 10 o'clock, Judges
'Wooten, Houston, and Wales on the
bench.
Mr.. Hodgson continued to address the
Jury as follows:
! thought, gentlemen Of the Jury; that
l had finished last night but have one
OF two matters have not fully explain
ed and ask your pardon if / may be al
lowed n few words. You remember T
told you yesterday Of the motive of the
prisoner. 1t is evident that no crime can
be committed without O motive. The
motive for which the prisoner did kill Il.
A. Mackey is in evidence before you; from
peculiar circumstances of the case to
show you he did the deed with motive
1T has been shown by sworn testimony
that Taylor and Mackey were seen upon
that bridge. 1t was told you know they
met at Newark. II Taylor had no motives
when this man fell from tho bridge over
Drawyer's creek why under High Heav-
ems did not Taylor make some effort to
save him. No man has ever told you
from the witness box that he made the
least effort to save his friend; what effort
would he put forth to save one whom he
intended to kill; he could have at least
and asked Mrs. Farrell whom he passed
looking directly in the face.
This man driving along the road with
his friend who he says fell into the creek
with 1t. OF water sufficient to drown any
man; if hewaS satisfied he fell inthe creek
Why did not Taylor search every crevice
of that bridge wien he stood on that
wing wall why then did he not then give
the alarm. No, he does not open his lips
but ho converts to his ownuse bis FRIEND }
property and goes around the country
dealing in ribaldry and Jest. Can you
conceive of a man who would desert his
friend in the hour of need and pay no
more attention than to stoned
Mr.. Hodgson cited o number Of the au-
thorities, and concluded at II 05. a. m.
Directly after the conclusion of Mr..
Hodgson's argument Mr.. Whiteley ad-
dressed theJury for the defense Gubstan-
tally as follows:
OF the Jury, an invitation to drink Civ
en- by Mackey to Taylor was the indirect
cause of this great calamity. That on the
29th OF July by some mode Mackey came
to his death. Taylor is now ON trial for
his life.
Thls is q CASE of circumstantial evil
dence. These two men left together two
drunken men. Now gentlemen before az.
guing this case L want to read to the
court the law: 1t will tell what circum.
stantial proof is cited 1st starting 500
defines the degree of circumstantial ev-
ldence al will convinces the jury of the
truth of the charge. The facts proven
before must exclude any hypothesis OF
his innocence. The theory of the State
is in their Indictment. They must stand
or fall by it. They assert that Taylor threw
Mackey in that creek, and they must
prove it. Now what arguments can be
brought against the States hypothesis
The meeting of these two men at Deer
Park Hotel was entirely casual. 1t was
| not plotted; they met as friends; Mackey
| invites Taylor to drink as friends. They
go to Armstrong; s; then they went away;
they did not stop at Searles because they
We're both drunk and failed to stop.
Taylor asks Mrs. Bsilen not TO give Mack
i ey anything 10 drink as he was already
| drunk strange plotting that is to murder
man by drowning at 8; at IL keeping
him from getting more drunk that knocks
the hyphothises of the State ut once; we
now have them at Christine; they
leave telling Mrs. Bullen they are going to
the Bear thence up to st. Georges; instead
| they take the Elkton road, and this shows
roads that he had no object no plans ;
that they intended to keep on as long as
rum and whip held out; they get to st.
| Georges and get bottle OF rum they
must have had rum in that wagon before,
that us no 2 drinks will make man as
drunk as Mackey was; Mackey then was so
drunk he took nap Taylor kept on drink.
ing and talked horse there to every BODY
as drunken horse owner would; Mackey
was there; they come out of the tavern
and here they say that Taylor pitched
Mackey into The wagon and Mackey re-
| monstrated and asserted his claim to the
property; nobody saw them then till they
got to the bridge but Fleming, and he could
not tell on which side he passed tho team,
nor, although the driver sat on the right,
could he tell in which hand was the whip
or reigns, nor which hand was around the
man lying in the drivers lap Mr. and Mrs
Farrell now see carriage and two men
come to the bridge between and o'clock
j. NJ. l think this colored man Farrell is q
perfectly honorable man. He says he saw
the carriage stop on the bridge, that he sa n
but one man out; that he heard q splash
that he saw man on the wing wall look.
ing down into tho water All these things
subtract from the exactnes. cessary. Ho q
easy it is to bemistaken fromwhere he stood;
from the east end OF the bridge and the end
Of the wing wall he was looking over the
dense marsh; how easy it was to mistake
that carriage at a distsnce of lag yards; he
looked only minute he said he could
see the bridge but could not see all Of the
carriage; how could he see the bridge and
not see the carriage because it was between
the wing wallis, think If Taylor drove as
close to the bannister as he was TO the vii ng
wall there would have been some tracks OF
the carriage; the description OF the man
with light clothes shows that Farrell was
mistaken, there were no light clothes in
that wagon. This old man mistook light
clothes for a man in hi, shirt sleeves now
who was this man upon the east wall;
say it was Mackey. Mackey got up on thai
wing wall and being drunk and lame, and