The daily gazette., 1874-11-21
Y VI NJ ~ ~
FIRST EDITION
PROCEEDINGS Of COURT.
Ihe 7ayl0f-k&key Murder Trial
.t RI - E Nf L tfG {
The Attorney Generals Address to
j. the Jury. ,.f
Erami"afiom of the States
witnesses.

REPORT OF THE ATTORNEX GENERALS 8
ADDRESS, AND OF THE TESTIMONY
GIVEN. "A IN .ll
Especially reported for the Gasette.
New CASTLE, Del, Nov. 20, 1874.
After the jury in the Taylor-Mackey
murder trial was cmpanelled,
Attorney General Pennington, open
ed the case by addressing the jury, as
follows:-
You and gentlemen of the jury,
are called upon this morning, in dis
charge Of the duties the laws of our
State have imposed upon us, which of
all times this one is most unpleasant.
A great crime is alleged to have been
committed in the Jurisdiction of this
court, and the prisoner at the bar stands
charged with the preparation Of that
crime. 1t is one in which you as guar
dians of the peace aud the laws OF y our
state arc called to investigate,
The prisoner is deeply interested,
1t is case that calls for your deep con-
alteration. You are to forget every
thing that pertains 10 every other bufs-
ness and give this your earnest consi-
deration.
The prisoner ia charged with the
murder of Robert A. Mackey, and it is
for you TO determine after hearing all
the evidence whether the prisoner in
the termsof the indictment has taken
the life of r. Z. Mackey and upon
your verdict depends the welfare of
the state, and the happiness of the
prisoner. Mr.. Pennington then defined
murder, from the text books, then went
on to say, The prisoner is charged
with murder in the first-degree The
Statutes of Delaware, being the law
under which he is being tried has laid
down two-degrees of murder first and
second. as says the laws of Delaware
page 7G4 code. Mr.. p. then drew the
distinction between the two degrees
and continued. Now gentleman it is
not necessary that should further ex-
plain murder but in one word the pris-
oner stands charged with murder In the
first degree and 1t is my duty to say to
you 1t was either case of LIST degree
or one of not guilty.
Now gentlemen this is no pleasant
duty to perform for you or l. / come
not to ask for the conviction of any
person where the evidence does not
Wal idht ihS AZ aohAbS At1 oot IL L oldii
be able to show to your satisfaction,
as am satisfied, that the prisoner did
commit the murder l shall ask ver-
dict of guilty. 1t is my duty as Attor-
ney General for uiis state, not to come
to conclusion until you have within
your knowledge every fact. that will
bring your conclusion, think will
be able to show to you that..on the 28th
day of July last tho prisoner and Ro-
bert Mackey met In Newark, that then
after having some conversation togeth-
or they mutually took drink. That
the prisoner was in Newark professed-
ly engaged in the lightning rod busi-
ness. That Robt f. Mackey was there
for the purpose of conveying friend
to the depot. That Mackey then went
to theDeer Park Hotel where he met
the prisoner, they left Newark togeth-
er in Mackey's carriage and started for
Christiana. That the prisoner drove
and that they were seen at Christiana
together and that they left them to-
gether, they were next recognized in
StGeorges; that there they remained
sometime, and that r. Z. Mackey. was
at that time.nnder the influence Of IL
quor. That the prisoner whilst Mack
ey was then partially persuaded him to
leave the bar-room; we shall show that
Mackey at the time declined to be
carried away, subsequently the prison
er by some influence succeeded IN get
ting him in the carriage, leaving st.
Georges with the intentions of going
to Delaware City, we shall show you
that instead of going in that direction
they turned completely around on the
road to Odessa we shall show further
that between St. Georges and the
bridge where this occurrence took
place, the prisoner with Mackey in the
carriage were met by two men, the
prisoner driving and Mackey leaning
on him; that they were driving at the
rate of mile in minutes, we shall
show that when this party arrived at
Drawyer's creek that the prisoner at
the bar drove upon the eastern side of
the bridge close to the railing that the
carriage stopped upon the centro OIL
tho bridge, and that whilst standing
there and while no one was in the car
rage splash was heard, that the pri-
soner was seen standing on the South
wing of the bridge, looking intentlyi at
the water, and that subsequently with
the horse and carriage and the coat of
Mackey ON his back he was seen in
Middletown with buta reasonable time
to drive from the bridge to that place,
After reviewing the circumstants subsequ-
ent to the murder, and up to the tims OF
Tay lor's arrest the Attorney Gen. feferredI.o
the circumstantial nature OF the case, aud
closed, at Is minutes Of l2 O'clock. -,
The examaination Of the States witnesses
then began. 81. -
John 4. Lewis, sworr-tives in New
ark; keeps Deer Park Hotel; know lay
lor slightly; knsg, Mackey was pt my
boure between one and two o'clock on
morning of July %; bartender let him
in; IT was Tuesday morning; settled With
me for breakfast and horse ut ga. M;
left after 0 %. m. same morning; Taylor
was at my hotel in conversation with
Maekey before he left; Taylor called me
out and told me he was in the lightning
rod business and one Mr.. Cooper would
be there inquiring for himi Nj. Mackey
and he then. talked; Mackey had his
horse gearedTup and was in carriage to
20 away; don't know whether Taylor
called him out or not. but they walked
into the bar room together; Taylor told
me he was going to the culverss ~ Mrs.
Scars t2 put up a rod, and il Cooper
called to tell him to wait he would be
hack in 2 hours; went then to stable !