Middletown transcript., 1874-11-28

Reliance coming East: Sheriff Arm
strong gave me the coat: it was a darl
! blue bias fitted coat: I had it in m.
possession about two days: | left it .
Thomas Mackey's: think could tel
the coat by its general appearances
Goat shown and identiGed). : l frs
saw i al the jai1in Ohio Sheriff Row'
showed it to me. it was the same one
l had in my possession l locked it "
in a closet at Mr. Mackey's taking. thu
key away with me,
Ithen gave the key to my niece tt
give to the Sheriff. know Mackey
we'll and often saw him. | know Elisha
H. Mackey he is twin brother of r
A. Mackey; I have seen the mare
spoken Of, she is good mare to work
Eor drive: inclined 10 be lazy. Never
saw her on the course. Have known
Taylor several years; don't think
ever saw him drive the mare. five years
ago offered $500 cash for her, July
28th would have given the same.
Cross-examined-Had conversation
with Taylor on. other subjects besides
what I have said, I made no written
note of what was said. Both Sheriffs
were with me coming on Sheriff Rowe
and the prisoner were in one seat and
l behind: don't know where Armstrong
was exactly. what have told is what
Taylor told me ip his langnage,: 1 was
sent from Kimbleville to geta dispatch
from the West, l got it: while | was
there other dispatches came calling for
a requisition. I took it uFsn myself to
get requisition. there were no ex-
penses to be paid for my journey to
Newark from Kimblcville, paid my own
expenses to Milton and back from New
ark, Sheriff Armstrong paid my ex-
pcnses to Ohio and back; l said l
would not go unless he did SO.
The State at this point rested their
case at IL 5 a. IN.
Mr.. Bayard then addressed the jury
at length in his opening for the de-
fence. -
Mr.. BAYARp's ADDRESS 70 THE JURY.
At 11.05 Mr., Bayard opened for the
the defense as fsllows':i - IS q ~
Gentlemen of the Jury The case
for the prosecution, according to the
statement of the Attorney General. has
been closed II is my duty, represent
ing the prisoner whom you have in
charge, to open to you the additional
testimony Of the unhappy event Of the
25th Of July. It is upon, the whole of
the facts that we confidently rely for
acquital. Truth is universal and false
hood exceptional We shall prove that
it is not true that Taylor did take this
man, ,lMackey. and throw him into this
creek. Mr. Bayard then addressed the
Court at some length. asking for judg-
ment on the corpus delicti without
evidence. Turning to the jury. Mr..
Bayard continued: You have heard
what l have said to the Court. This
is not al The prisoner and Mackey
were both strangers to US. accidentally
being within the Jurisdiction Of the
Court. a
Mr.. Bayard then proceeded to sketch
the career Of Taylor, claiming the de-
fense would show that he was in the
lightning-rod business previous to the
Drawyer's Bridge occurrence, and that
his employer came to Newark looking
for him during the latter part of the month
of July, and expecting to hear Of him; that
the prisoner was sought by Mackey and not
that be sought Mackey; that Mackey, and
not he, proposed to drink that the ride was
and at Mackey's invitation /;
that Taylor had with him the clothes he has
now on and all speculations as to light
clothes will fade away in the presence Of the
man here to day dressed as he was when he
got into the wagon. We will prove they
were friends with no unsettled accounts, no
debts due, no quarrels, no enmities, in short
we will prove the entire absence of all those
materials from which jury should draw
conviction from circumstantial evidence. We
shall show you that Taylor had rheumatism
which afflicted him at the time, and suffering
from, which be- went to Bucyrus. The alb
sence of other indicia of guiIt-staying in the
neighborhoed, making appointments and
keeping them-we will,show you the visit to
nL:o ,ron c,o,,,aJ;.ta1 and nrodnco Ioffaru
from his cousin long before he made the
visit; that be arrived there pursuant to ar
to get employment he got there
ia the same clothes; he was arrested unlaw-
fully; there was no right to touch him and
he made no effort 10 escape. Mcbride told
Taylor they were going to arrest him, but be
deliberately went to the Sheriff and allowed
himself TO be arrested. am instructed to
say that though ex-Sheriff Armstrong was
present with Hamill and the prisoner during
all the time, he heard nothing of the conver-
sation; we will show there was crumbling
of the wing walls and buttresses Of that
bridge that they have since been repaired
cemented; we will show you the natural fact
that on July 2sth last, there was high tide in
Philadelphia at 1885 a. m, and at midday
at 10 minutes past o'clock; We shall show
YOU tHere is between the mouth ofAppoquin-
mink creek three hours difference that the
tide rises at twenty miles distance for each
hour and in creeks twelve miles; that the
mouth Of Appoqninimink creek is SO miles
from Philadelphia that it is IL miles further
to Drawers Creek, that it was high water
there two hours earlier than in Philadelphia,
namely, at ll.2O; We will show the ebbto be
seven hours running out; that about the time
Mackey was alleged to have been thrown into
the creek there was weed bank under that
wing wall, and still two hours left for the
tide to ebb; and then ask how this man 5
body, contrary to the natural way in which
the tide would have borne it, is found carried
above the bridge.