Wilmington daily commercial., 1874-11-25
THE TAYLOR -MACKEY TRIAL.
ARGUMENT BEFORE THE JURY
ADDRESSES OF THE DEFENCE.


Judges Wootten, Houston, and Wales on the
bench.
Mr.. Hodgson continued his address, speaking
of the motive of the prisoner. 1t is evident that
no crime can be committed without motive.
The motive for which the prisoner did kill
R. A. Mackey is evidence before you, from
peculiar circumstances Of the case to show
you he did the deed with a motive,
1t has been shown by sworn testimony
that Taylor and Mackey were seen upon that
bridge. 1t was told you how they met Mt New
ark. II Taylor had no motives when this man
fell from the bridge into Drawyers creek, why,
under high Heavens, did not Taylor make some
effort to save him2 No man has told you from
the witness box that lie made the least effort to
save his friend. II not make an effort to save
friend, what effort would lie put forth TO save
one whom he intended to kill? He could
have al leas called for assistance. He never
turned and asked Mr. Farrell, whom he passed
looking directly in the face.
This man was driving along the road with this
friend vino he says fell into the creek with feet
of water, sufficient to drown any man. II he
was satisfied lie fell il the creek, why did not
Taylor search erery creylce Of that bridge when
he stood on that wing wall Why did he NOT
then give the alarm Z He does not open his lips,
but lie converts to his own use his friends pro-
perty and goes around the country dealing in
rbaldry and Jest. Can you conceive of man
who would desert his friend in the hour Of need
and pay no more attention than to a stone His
acts, his manner, speak louder than words.
These things show his intent
That he used his opportunity there is no
doubt. He travels aud reuavels the same
ground in the same week and never inquiries
whore Mackey might be. Is that the way one
friend treats another He flies from the neigh
borhood OF his crime. Why did he go to Vii
mington. To say that he Went to Ohio on bust
ness does not answer. He was summoned three
months ago, but he did not make mp his mind to 20
until an exceedingly short time. He was in the
lightning rod business, but when the horrors OF
his crime dawned upon him with the blood
stained money in his possession, lie goes to the
depot in Wilmington TO get out Of this bailiWick
These are matters, gentleman of the jury
for You to take into consideration you are u
weigh them with great care, and wipe out all
sentmentaity, and like honest men. knowing
| your duty, not fear to do 1t. Ii you have am
reasonable doubt, give it to the prisoner, but un
| derstand just what a reasonable doubt is. 1t il
| such doubt as to exclude you from rendering
verdict against the prisoner. With such "a doub
you are justified III acquitting the prisoner
If Taylor is guilty at all 1t If OF murder of thl
| first degree. There is no half way about it, and i
he Designed to murder, no matter when Ii
| formed that intention, he comes within til
purview Of the Common Laws definition of mur
der. The opportunity, motive, flight and posses
| sion of the goods Of Mackey are before YOU
You are sworn to try this man upon evidence
| Every other matter is excluded.
ask III conclusion, that you strip your mind
of every thing. know the feelings Of all til
living parties to this transaction it ID upon bot
sides. 1t seems hard to take one mans life fC
| the death OF another. That You will look at tll
case and arrive at u just aud far consideration
am satisfied and the State will be content.
leave the case with you.
Directly after the conclusion Of Mr.. HOdgsOn
argument, Mr.. Whitley addressed the Jury for IL
defence, saying that this il a case Of circun
stantial evidence and then read the law to d
fine it. The theory of the State is in their il
dictment, he said. They must stand or fall /
it, They assert that Taylor threw Mackey
that creek and they must prove it.
MIR. Whitley then went Oh to say that Il
meeting OF the two men at Newark was casua
7 they met as friends, and Mackey invites Tay
to drink and go with him to Armstrong; til
/ this frendllness III shown all along the rout
and the fact that Taylor asked Mrs. Builen II
TO give .Mackey anything more to drink, as
was then drunk, knocks the hypothesis OF d
State that the prisoner made Mackey drunker
drown him. Tue lack of the prisoners kJov
edge of the roads in Christiana was discant
4 upon, and the absence of all plan asserted a
the idea advanced that they intended to keep
n as long as rum and whip held out.
When they got to st. Georges they got a b.
> tie of rum they must have had rum in that y
|. gou before that no two drinks will make
A man MS drunk as Mackey was Mackey then "
l. 80 drunk he took nap Taylor kept on drl
E ing and talked horse there to everybody as
'e drunken horse-lover would ; Mackey was ther
they come out of the tavern and here they
that Taylor pitched Mackey into the wagon a
3 Mackey demonstrated and asserted his ella
D. TO the property. Nobody saw them
they got to the bridge but Flemi
1T and he could not tell on which side he pas,
e. the team, nor, although the driver sat on
right, could he tell in which hand was the vi
or reins, nor which hand was around the II
n. lying in the drivers lap MIR. and Mrs. FAR
now see carriage and two men come to
bridge between and o'clock, p IN. | th
a., this colored man Farrell is perfectly honora
man He says he saw the carriage stop ON
bridge that he saw but one man out that
heard splash that he man on the W
u' wall looking down into the water. All these th
"' subtract from the exactuess necessary.
easy it is to mistake from where he stood II
i the east end of the bridge and the end OF
ou wing wall. He was looking over the de
marsh. How easy it was to mistake that
- rage at a distance Of lao yards. He looked
iah ch ly minute. He said he could see the bridge
oI could not see all Of the carriage. How could
is. see the bridge and not the carriage Beca
s. it was between the wing walls. l think if ]
liza lor drove as close to the banniHter az he was
'er the wing there would have been some tracks
III the carriage.
The description of the man with light clot
-, shows that Farrell was mistaken. There
nj no light clothes III that wagon. This old
I'd. mistook ligh. clothes for man in his +
Inc sleeves.
Now who was this man upon the east wall
ihe say it was Mackey. Gentlemen convict rum
:. not Taylor. Mackey got up on that wing
es' and being drunk and lame, and the wing
being in bad condition 1t was natural in
ence that he fell INTO the creek. Nathan
he heard splash. / do not think it. 1t
have been a stone He thought it was
er- drowning of dog and it was but ca
ink thought. He haH failed TO put the splash in
10 right place. | think he saw the man Oh the
wall before he heard the splash. The State
m. tell you that Taylor was on tile wing wall, |
say God never made villain so hardened
he could stand and look into the face of a drC
ing man. He would have been afraid of
e'S upturned face. 1t would have made him
M ard
jW Mrs. Taylor said he watched her. TheI
ats would not have had the daring to stand d
rhe and throw Mackey into tie stream. Is it p
us ble To sunnose that IN the face of nil thls
lme con a,tartai,, sucb an oninion , Tho Stata