The daily gazette., 1874-11-25
the ming wall being in . bad condition. /,

" Pus Tue tPiasn In the right place. think
he saw the man ON the wing wall before he
heard the splash the State will tell you that
Taylor was on the wing wall, but saw
God never made william so hardened that
he, could stand and look into the face
OF drowning man; cannot believe it; he
would have been afraid of that upturned
face; 1t would have made him q coward;
Mrs Farrell said he watched Ter, then be
would not have had the daring to stand
there and throw Mackey into the stream; is
IL possible to suppose that i'll the face of all
this you can entertain such an opinion. The
State says that he looked at her and that is
why say that Taylor did not throw this
man over. Night was approaching;lhe could
afford to wait, do you suppose that this man
would throw this man overheard ut that
lime when night would shield him2 What
more natural thing than that drunken
man so near q wing wall should tumble
over. Taylor drove of without Mackey says
tue State, but ts he therefore murderer
II this man had the coWardice to leave his
friend can you convict him OF murder2 He
arove on because he was full of rum; would
nc not have stayed II he had been sober Z
drunkenness is worse than insanity; it blots
out all memory and leaves man forgetful Of
himself and everybody else. (sead win on
c'rcumstantial evidence, puge 70, On mental
emotion, flight &C., as evidence OF guilt
Would guilty man remain in the vicinity
Oh tho crime for days after, trading horses
and pitching quoits. Could he have done as
the State Bupposes, he would have been the
worse william in the world. Ii Taylor hail
the sense OF memory OF the death OF Mackey
ne drank TO drown that memory. Now II
ne had been murderer would he have
stayed around the scene of the murder? lie
would have put more than three miles be-
| m nd Ilrnx rfs
been murderer he would have sold the
team and fled. Human nature is too super
slltlous; murdcrers never go alone to. SEQ
their victims; they go In crowds where their
courage is kept up by the touch of elbows.
Taylor could not have creased that stream
in which Mackey lay praying for vengeance
upon The head of his passing murderer.
Again Taylor always gave his right name.
Is that the conduct Of a murderer But
they say he had On Mackey's coat What
more natural. Mackey's coat is in the
wagon; Taylor is IN his shirt sleeves, drunk,
putting on the first coat he got iu the
| wagon. Would he no. have thrown that
| coat away had he been a murderer? Now
| by what means does the State infer that
Taylcr is murderer? Because he wore
| Mackey's coat! The strongest proof would
| be OF his guilt, OF his wearing Mackey's
| coat. Look at the similarity OF these coats
with false pockets.
See how easy, Taylor being drunk,to
get the wrong coat next We find Tay-
lor In Ohio ; it may be that Taylor
wanting courage to give the alarm of
Mackey's calamity left for Bucyrus
his condition there shows his inno-
cence; he was there two weeks and two
day he could have had ample time to
escape. No, but he stays there where
he expected the relations of Mackey
| would look for him, and when he Is
arrested he gives himself up without
resistance. Hammill forced himself
upon the Sheriff to take him to Ohio
Ha nmili's interest is not in the dead
man, but the living reward he is look
ing after at the appropriation from the
nextLegislature. Hammill could come
here and swear that Taylor confessed
that he murdered Mackcy and Taylor's
mouth is closed. Now the Coroner's
inquest. I don't think since Shakes.
peare's time there was ever such
Coroner as Stephens he finds man
drowned turns back the scalp to see
If this is so they should have exam
ined the lungs and stomach. Now
what proof have you that Macker was
drowned!
Now they must probe the allegation.
If they proved that Mackey came to
his death any other way you must &C.
quit him. 1t is not murder if man
throws a dead body in the creek. Now
as to the dress, men are inaccurate in
this matter of dress. There has been
much talk about light clothes butTown-
send settles this matter hy saying he
saw Taylor's clothes and identified the
dark ones, we have ample proof that
there were no light clothes in the mat
ter. Now as to the motive. What motive
had Taylor to commit this crime. Were
there enmities, debts; we had witnesses
that disprove the possibility of theState
holding anysuch opininswhat is there to
make you believe that in a moment the
man Taylor would throw mis- friend in
the craeks
Drunkenness explains great deal in
this matter. Drunkenness is no excuse
for crime but in this case it removes
all suspicion of motive in this matter.
There are only surmises in this case.
Would you consign to felon's death
and a convicts grave this drunken boy
| on surmise. Would one of you like to
| SCO your UIOtuCT VI lIlCuQ hunS upOu
such evidence? thinknot. You cannot
conYict him of murder. Gentlemen l
thank you for your attention and will
now conclude.
Mr.. Bayard followed Mr.. Whitelcy,
and opened with some records as to
the legal facts of the case and especi-
ally as to the fact that the corpus de-
licti was not proven, and cited Whar-
toms Criminal Law, Wills on Circum-
stantial Evidence and Roscoe on Grim
inal evidence, as authorities. He then
proceeded ito read the testimony of the
Coroner, and of the Doctors who made
the examination.
| He then read the indictment alleging
tho murder to be by drowning, and
argued that it was necessary to prove
the allegation conclusively. He
claimed that an examination OF the
lungs and stomach should have been
made, as then it might have appeared
how he died but that no examins-
ton of the scalp or skull of Mackey
could by any manner of means inform
a jury that man was drowned. The
State could not presume man was
drowned simply because he was found
4 II, ha xx,ato~ H. ,.;rbt Lo-a IsaI of