Wilmington daily commercial., 1874-11-21
rzsrInosY roR THE srArE

NEW CASTLE, Nov. 20.
Our repor. Of yesterdays proceedings in the
trisl Of Taylor for the alleged murder Of Mseksy
broke OF with the completion Of the jury.
Attorney General Pennington opened the case /
by addressing the jury substantially as follows
You aud l. gentlemen OF the jury, are called |
upon. this morning, IN discharge OF the duties
which the laws Of our State have imposed upon
u.s. aud which OF all others this one Is the most
unpleasant. A great crime is alleged 70 have
been committed Ia the jurisdiction Of this Court,
and the prisoner at the bar stands charged with
the perpetrstion of that crime 1t Is one in
which you. as guardians OF the peace and the
laws of your State, are called to investigate
The prisoner Is deeply Interested lt Is aczss
that calls for your deep consideration 1ou
sIe to forget every thing that pertains 20 every
other buslness aud give this your earnest con-
siderAtion. The prisoner IL charged with the
murder Of Robert A Mackey, aud it Is Tor you to
determine, after hearing all the evidence whether
the prisoner, in the terms Of the Indictment has
taken the life of B. A Mackey, aud upon your
verdict depends the welfare OF the state and the
happiness Of the prisoner.
! Mr. Pennington defined murder from the text
books, and then went on to say The prisoner
| Is charged with sler in the first degree. The
/ Statute of Delaware being tue law under which
| he is being tried mas laid down two degrees OF
! murder, first and second, As says the laws OF
! Delaware page 764 OF the Code. Alr. Z. then
drew the distinction between the two degrees
and continued Now, gentlemen, 1t Is not nee
| essary that should further explain murder, but
in one word the PRISONER stands charged with
murder in the first degree, and Il is my duty TO
say to you il is either Of lat degree or one
Of not guilty.
This Is no pleasant duty to perform for you or
me. csme not TO ask for the conviction Of any
person where the evidence does not warrant me
la asking il. but il / shall be able 10 show to
your satisfaction, as an satisfied that the pFis-
oner did commit this murder, l shall ask YER
dict OF guilty. II is my duty as Attorney -Gen-
erAl for the State no. TO come TO conclusion
until you have within your knoIledge every
fact that will bring your conclusion.
. think / will be able TO show 10 yon
that on the 2sth day Of July last the
ark that then, after having some conversation
together they mutually took drink that the
prisoner was in Newark professedly engaged III
the lightning rod business that X. A Maekey
was there for the purpose Of conveying friend
TO the depot that Mackey then went TO the
Deer Park Hotel where he met the prisoner
that they left Newark together in Mackey's car
riage aud started for Chrlstiana that pris
oner drove, and that they were seen at Christi
ana together, and that they left there together
They were next recognized in St Georges, tina
there they remained some time that H. a
: Mackey at that time under the influence c
liquor that the prisoner, whilst alacKey was il
| thus condition, partially persuaded him 10 leay
the bar room that as they came out OF the baI
), Mackey being intoxicated the prisoner too
Mackey up bodily and put him in the carriage.
We snail show that Maekey, st that time de
. clined 10 be carried away; that subsequently tn
- prisoner, by some influence, succeeded IN get
"a ting Msckey into the carriage, leaving >
Georges with the intention Of going TO DelaHar
City we snail show you that instead OF goip
that direction they turned completely around o
the road TO Odessa, and we shal show furth'
that between ST Georges and the bridge, whef
N this occurrence took place, the prisoner VII
IS Mackey in the carriage, were met by two mel
ny the PRISONER driving aud Azekey leaning on hin
~ thAt they were driving at the rate Of mile IN
~ mlnutes We shall show that when this par
ne arrived st Drawers Greek that Il
We prisoner at the bar drove upon the Eas
n ern side OF the bridge, close to Il
- raihng that the carriage stopped upon the ce
ter OF the bridge and that whilst standing ther
'Se and while no one was in the carriage, spla
was heard that the prisoner WAS seen Hsandil
on the south wing Of the bridge looking intent
OF at the water. aud that subsequently, with Z
- horse and carriage and with the coat OF Mack
az on Lis back, he wss seen in Middletown witlllr
an. reasonable time TO drive from the bridge T. e.
place.
Al. / must tell you, gentlemen that this case re:
A entirely on circumstances. We don't prete
an that any person was cognizant OF this crime,
& "a we expect to show by a chain of clrcumstanc
that the prisoner at the bar and no other is q
Is. We will show that the prisoner had full c.
,.s troll Of the carriage, offering TO expose the prS
U.s. was in possession Of lIaekey's team we '
show that the harness Of Mackeys horse '
ent found in Wilmington, and that the prison
ue- when arrested in ONO. three hundred m
from here had the Identical coat OF MAckey
his back.
'lor. We will show that the prisoner has attain
ed 70 account for the manner IN which Mac
came TO his death, and that the circumstan
and will not permit such statement to be corr
We will show by two good witnesses that
prisoner has admitted being with Maekey
hon, that bridge.
oons ,sm Now, gentlemen have said all that is nee
sary in this, my opening. can only
=. that the case depends upon circumstances
1eod 4 trely, and not on positive proof therefore,
s0'1 must Danish every other thought and turn
this case alone"
.ars. The Attorney General concluded at ~,
mich the examination Of WITNESSES for the state
good begun, John Z. Lewis, keeper OF the Deer
US. Hotel, at Newark. being first sworn:
Iers-- sa. Know Taylor slightlyi know that Maekey
lhala n at my house between and o'clock on mon
a IN OF July 28th bartender let him in at break
an at in the morning it was Tuesday MORN
he settled with me for breakfast and horse 9
great left at 9, A. NJ, same morning Taylor wa
and nv hotel, in conversation with Mackey be
yard he left Taylor called me out and told he WI
nne the ightning rod business, and one
Cooper would be there inquriDg for
lne Mr. Mackey and he taen talked; Mackey
sizea his horse geared up and was in the carrllg
go away; don't know whether Taylor called
out or not; they walked into tho bar room
d. gether; Taylor told me lie was going to the
verts to Mrs. Sears, to put up rod al
Cooper called to tell him to wait, he woul
Older back in hours; went then to stable and
/, pink Naekev drive sNay:the cuvert is southeast
MS " Newark, in game direction as Mackey left;
know where Taylor went; Mackey was sober
a 11k neither Taylor nor Mackey drink in my h
did not see Taylor leave my house on
ALackcy had q York carriage, we'll worn, a
.-na,. brown mare with a star; don't know whetht
n 4 PC was up or down when Mackey left; there
III US, no curtains on it; / have never seen M
Low since nor have seen Taylor since except i
nents during the present term of court.
The CroSs examined knew these men slghtl
ita @ ns ueve Mackey came at night; he left in the
S''N' ing; he paid in full for breakfast, lodgings
horse; I was outside when Taylor came ar