Middletown transcript., 1874-11-28


ty Of Mackey to sale, that the next day
he was in possession of Ms team: We
will show that the harness Of Mackey's
horse was found in Wilmington. and
that the prisoner. when arrested in Ohio,
three hundred miles from here, had the
identical coat Of Mackey's on his back
we will show that the prisoner has at
tempted to account for the manner in
which Mackey came to his death. and
that the circumstances will not permit
such a statement to be correct; we will
show by two good witnesses that the
prisoner has admitted being with Mack
ey on that bridge.
Now, gentlemen, have said all that
is necessary in this. my opening speech
I can only say that the case depends
upon circumstances entirely, and not
on positive proof; therefore you must
Danish every other thought and turn to
this case alone. l will not take your
time any further. gentlemen Of the ju-
Try. but will proceed to call the witness
es and show you the facts.
Mr.. Pennington concluded his speech
at fifteen minutes of r.
THE TESTIMONY
John Il. Lewis, sworn-Lives 10
Newark keeps Deer Park Hotel /;
knows Taylor slightly; knew Mackey
was at my house between l and 2
o'clock on the morning Of July 2Sth /;
bartender let him in; l first saw him
at breakfast at Z in the morning; it
was Tuesday morning; settled with me
for breakfast and horse at 8 a. m. left
after 9 a. m. same morning; Taylor
was at my hotel in conversation with
Mackey before he left; Taylor called
me out and told me he was in the light
ming rod business and one Mr.. Cooper
would be there inquiring for him; Mr..
Mackey and him then talked !; Mackey
had his horse geared up and was 10 bis
carriage to 60 away; don't know
whether Taylor called him out or not,
but they walked into the bar room to-
gether; Taylor told me he was going
to the culvert, to Sears. to put up
rod, and if Cooper called to tell him to
wait, be would be back in two hours
I went then to the stable and saw
Mackey drive away; the culvert is
southeast from Newark same direc-
tion as Mackey left; don't know where
Taylor went Mackey was sober; saw
neither Taylor nor Mackey drink in my
house; did not see Taylor leave my
house on foot; Mackey had York
carriage we'll worn, and brown mare
with star don't know whether tep
was up or down when Mackey left;
there were no curtains on it; / have
never seen Mackey since, nor have l
seen Taylor since, except in Jail during
the present term Of Court.
Cross-examined-Knew these men
slightly; I believe Mackey came at
night; be left in the morning; be paid
in full for breakfast, lodgings and
horse I was outside when Taylor
came around the end of the house
never saw Mackey and he together be-
fore; both spoke when they met
names were exchanged and they went
into the bar room; don't know how
long they were in the bar room; I was
not in the bar room; he called me to
one side and told me his occupation
and about Cooper; don't know if Taylor
vas in the carriage or not; heard moth
ing they said to each other.
Samuel E. Garrett sworn-Live in
Newark. Del, and lived there in July;
I have met Taylor knew Mackey he
was a medium sized man 140 pounds
was lame in right leg; July 28th saw
Mackey and Taylor at the Deer Park
Hotel; it was Tuesday morning; saw
them next at Washington Hotel one
hour afterwards; 300 yards from Deer
Park Hotel; Taylor was at Deer Park
Hotel between 8 and 9 o'clock before
New London stage left; saw Taylor
and Mackey also; went down street
after saw Taylor and Mackey; saw
Mackey's team in front Of the Wash
ington House; saw Mackey on the
porch sat and talked with him asked
me to take drink /; did so; did not
see Taylor then; Mackey and l went
into the bar room; /; asked what l would
like; | said whisky straight )" he
said be would take the same did 50
Mackey paid for it; turned around saw
Taylor then at the other side of the bar
writing Mackey asked him up to
drink and Taylor took drink J. J.
Strickland was behind the bar; I can
not say what the drink was that Taylor
took !; Taylor was at the end Of the bar
facing the main street when first saw
him; Taylor was near the porch door
by which we entered; saw nothing pass
between Taylor aud Mackey until they
both got in Mackey's buggy to leave
Newark !; Taylor told Strickland be
would be back in an hour or two; I
saw them drive away; don't know who
was driving Mackey had on l think
dark clothes don't know what mater
ial; when they left they drove of in
the direction Of Ogletown; the mare
they had was brown and the carriage
was buggy; have not seen Mackey
since but have seen Taylor did not
see Dr.. Columbus Henry that morning.
Cross-examined-Know Mackey bet
ter than Taylor first saw him at Deer
Park /; was in Deer Park, saw Mackey
first; was not doing anything; 1 ad-
dressed him; told me he brought
passenger to the train last night and
rested over; it was in the reading room
l spoke to him /; did not see him drink
after some time saw Taylor; was
talking with man when Taylor came
up; Bradley addressed him. and | also
Mackey was not there; about 1890 a.
m., went to get the mail for Deer Park.
saw Mackey's horse in front Of Wash
ington House; Mackey was on the
porch he told me he was selling phos-
phate; then he went in and took a