Delaware tribune. [volume] (Wilmington, Del.) 1867-1877, 1874-11-26

g, ntls,aer ofths Jury: lQ
The 49, for ~ prosseNelon, aocoh3inR I'd W.
etatemtnt Of tie ATTORNEY -GsnsFG, hes bsod
elossd. - u my duty in rspresenting ne pas-
9ner wl1dA you have in Charge To opeA ito IN
We sddislcnl ts.amony Of the unhapB evsni
q the Xth Of July IL 10 upon the w6ols Of shs
SActs t!sAa we ccnhdent|y rely for the scquittAl.
Truth 10 nniveraal and falsehood 10 exception.
81. We shall prove that 1t in not true that Tay.
Tor did take tile man MAckey and throw him into
this creek.
FMF. Baystd then addressed the Court At some
length, ealing for judgtnsnt ON the corpus deiic-
u without evidence.
Turning to the Jury Mr.. Daysrd continued
You have heard what have said to the Court
This IL not all The prisoner and Mackey we've
both strangers to us, accidentally being within
the Jurisdiction OF the Court, and he then pro-
oeeded 10 sketch The career Of Taylor, claiming
that ths defence would show that Taylor WAS In
the lightning rod business previous to the Draw
yeru biidge occurrence, and that biz employer
came to Newark looking for him during the
Of him that tho prisoner wa~ sought by Mack
ev, Aud not that he sought Mackey thar Mack.
ey and not he proposed to drink that the ride
was unprecedented and 1t Macksy's invitation;
that Taylor had with him the clothes he has now
on, aud all speoulations ~ to light clothes will
fAde away IN the presence Of the man here to
day, dressed ~ he was when he got into the wa
gon. We will prove they were friends with nc
unsettled accounts, no debts due, no quarrels,
no enmities--in short We will prove
the entire Abseuce Vt al those materials
from which jury should draw conviction in q
case OF oircumstantial evidence. We shall show
that Taylor had rheumAtism which afflicted him
at che time, aud suffering from which lie came
to Bucyrus lthere 10 al absence OF other indcia
OF guilt, staying in the neighborhood, making
appointments and keeping them We will show
you lie wait to OHIO was prelneditated and pro.
"A a IA n ma Dlu1a he
visit; that he arrived there pursuant to an ar
rAngement to get employment that he goi
there in the same clothes that he was arrested
unlawiully, theirs being no rigrft to touch him
and he made 10 effort 70 epcape.
Mcbride told Taylor they were going to ares,
linn, but he deliberately went to the Sheriff and
allowed himself 10 he arrested I am Instructed
to ray that though Sheriff Armstrong WAS pres
ent with HamiIl and the prisoner during ali the
time he heard nothing Of the conversation. We
VIII show there WAS crnmbling Of the wing
walls and buttresses OF that bridge; that they
have since been repaired, ropastersd and the
cap stones newly cemehted; we will show you
the natural fact that July 2sth. last there was
high tide in Philadelphia Vt IL IS A. M,
and At midday ~ minutes past O'Clock; We
slAll show you there ID between the mouth
OF Appoqninimink creek hours' difference;
that the tide rises ut 40 miles distance for each
hour and in creeks IL miles that the mouth Of
Appoqulnimnk creek is 81 miles from Phila
that it is IL miles further To Drayers creek that
it was high water there ? hours earlier than in
PMia, namtly at ~ minutes past II, We will
show the ebb to be- Z hours running out that
about the time Mackey Was alleged to have
been thrown into the creek there was
mud bank under that wing wall and still two
hours left for the tide to sbb and then ask how
this mans body contrary to the natural way in
which the tide wonld have borne 1t, 10 found
above the BRIDGE With few remarks to the
Jury upon exainlng carefully aud comparing all
the facts brought ont Mr.. Bayaid closed at H. As
A. NJ. .~'. d. -. U
amos q. Cooper soorn. Live at Rising Sun,
Md am in The lightning rod business Tay-
lor was in my employ in Jnly during the latter
part OF July was At home before started
out again heard of the Mackey business |
stopped at tbs Deer Park Hotel in the latter
part OF July and asked II II lightning rod man
had been there the man was asking for WAS
Taylor Taylor wore a grayish coat aud vest,
don't Know what kind OF pants those are the
same or similar that he now has on ; shortly
after lie came with me l suggested to him to
get pair OF overalls l don't think he got
them ; l did not know Alackey.
CroAs-eNnmiued TAYLOR WAS with me ubnut
days on Monday morning he entered upon
his duties Taylor went M far as Elkton IN my
buggy 1t was al hours drive; left him in Elk-
ton to get on my wagon left Taylor at the
cross roads corner, my wagon standing there
this Was OH Tuesday this was all in the same
ing House. miles east OF Rising Sun next saw
hun IN jail last Thursday on FRIDAY knew Tay-
Tor slightly before hired him ; had met him 2i6
years prior when left Taylor at Elkton told
him was going to Rising Sun and told him to
go to Louisville and if he got Job TO put it nm.
and then to come to Rising Sun and stay over
Sunday when left on Saturday morning ex-
pected to see him that night with the wagon |
was 10 leave word at kimbleviile was the reason
asked FOR him at Deer Park Hotel, Newark.
AR. Bayard here offered an almanac in evi-
dence showing the state Of the tides, etc.
En- u. Logan s,no,n Reside / u miles from
Landen6erg have known Taylor IL yrs knew
Mackey or years don't know what relation
existed between Taylor an Mackey I presume
they were friends for l have no cause to think
otherwise.
Lukens Russell s,oorn Lived in upper Oxford
township, Pa, all my life have known Taylor
~ years knew Mackey by sight lived 4 miles
from MaokGy. and from Taylor 4 think they
were friendly when l saw them together they
were apparently in friendly Intercourse
Henry Gregg stcorn Live in Mill Creek HID.
IN this county the relations between TAYLOR and
Maekey wore friendly for anything know
oross examined; Don't know that ever saw
them together
ChalkLey Phillips sno,n Live at Tough
hennamon am butcher there knew Mackey
personally; the personal relations of TAYLOR and
Mackey were always friendly !; they continued an
far as know until Mackey'e death have known
Taylor Il years Mackey and we're bows to-
getner both OF these men were Disposed to
Cross examined Last saw them at Ayopdale
-FOUR weeks before this occurrence they wer,
urinhihg SODA water together [ met them to-
eether many time At public houses have
seen them drink many times SAW them drink al
my place ana at John Phillips two years ago |
have seen them drink whiskey.
Washington Bradley s,rorh Lave in Dela-
ware CITY, formerly at Newark was in Newark
july 2sah last knew both TAYLOR and Mnckey
wei saw them at Deer Park Hotel there.
spoke to Mackey Taylor and Mackey spoke
together Mackey asked Taylor if he would ride
down town Taylor said lie wanted to 90 10
!A,rmstrongs they went down street together
Taylor had on dark clothes the clothes he now
ma mas on are like them in color | have known
4. Taylor or ~ years and Macksy q or s years
,they We're always friends as far AZ | know /
know Nathan Farrell and the appearance of his
house know those trees a man standing
where Farrell stood could not see the ton of a
carriage on the causeway with the leaves on the
trees the p'anklng of the bridge has been re-
heweu ana inc masonry repaired =; the abu ments
lad gwen way have seen the creek at low and
heh tide have seen Il mud bank there but il
was shaliowly curved.
Cross examined was not engaged at the
repairing but passed it every day saw them AT
WORK cannot say that all fonr wings were re.
B'uyln A. Godjiey s,eo,u, 1.-Two in WHINING.
on; Keep boarding house navgatol tie
delaware river FOR 30 years am familiar with
ne tlde ~ miles All hour is the difference of
Ides between Appoquinimink creek and phila-
ie!plia II is 81 miles from this creek TO Phla.
ieiph'a we allow All hours difference in II miles
q inc tiue III Tho creeks in the IL hours there
He ebn and D hours Hood at given point.
JoSepn l"W0r sTorn am Joseph H. Taylor's |
atner no VIII be ~ in April live at Lewisyile
le lved with us until lie went into the lightning
ROD bnslnessi he lad the rheumatism so badS
no nud 10 so on efutch and cane; he left home |
asst May; this disease has continued until now.
us right Knee has been swollen and bistered. |
new Mackey II years; he and my son were ON |
'oou terms; often saw them together; know INV |
he Thursday before he went into the lIeLtpins |
oa business; (showed coaD this is my sons |
oat he TOOK two dark suits away with him. he |
hs pcen AZ my house twice since; no other |
lothes have been sent him.
Cross'examlned lie got tho coat at Oxford |
arly IN the spring have seen Mackcy and 'ray- |
VI uiihh toSether about two years ago don't |
alise e vi
Jof,ii ). Taylor sUorH Live at Oxford nm |
10 relation to prisoner knew Mackey $ or 10 |
ears ago knew Taylor 10 or IL years Mackey |
lyea miles form from me and Taylor about |
niles they were always friends saw them at |
,Si9rd together Or ten days previous to the |
iackey trouble ; they were in friendly CONVEX |
alton. have seen them frequently toretler.
Heo,rye ). Mackcy strorn Live in Chester
TO-, Ia am no relation to Robert A. Mackey.
new Mackoy and Taylor or 4 years; live about
miles from Alaekey's father; the relation be-
wcen these two men seemed always friendly.
,Iohn buchanan s,corN Live near Lewjsyjlle.
shere taylor resided and have known him u
ears; knew Mackey when saw him; the rels-
IONS between TAYLOR and Ma,L.v ,r.r. -, =