Middletown transcript., 1874-11-28
TRIAL OFJOSEPH B. TAYLOR
For the Murder Of Robert a. -
Mackey.
THE FULL EVIDENCE.
New CASTLE, Nov. 20

Court opened at 10 o'clock, Judge
Wootten, Houston and Wales on tn
bench. Grand Jury called and retire'
to their rooms. The general and spe
cisl jury lists we're then called.
The case of State vs. Joseph H. Tay
lor, charged with the murder Of Rober
A. Mackey. at Drawyer's Greek, nea
Odessa, about July 26th, 1874. At
torney General John B. Pennington
and Deputy Attorney General W. R
Hodgson. for the State. Hons. T. F
Bayard and William G Whiteley. fol
Jos. H. Taylor. The prisoner wa
brought in between two bailiffs. and
was dressed with unusual care and ap
peared in good health, but a trias
anxious. His father and brother were
seated in the bar near him. State and
defence being ready, the drawing Of ths
jury commenced. the Attorney Genera
asking that each juror be sworn on th.
voir dire. As each juror took The
stand he was sworn to make true
answers to such questions as were pu'
to him. The counsel for the defense
then asked him if be had formed OF
expressed any opinion as to the gull
or innocence of the prisoner at the bar,
after which the Attorney General asked
him If he had conscientious scruples
against finding a verdict Of guilty iu
the case where death penalty follows.
If satisfactory answers followed, he was
sworn, provided the defence did moi
pcfemptori1y challenge.
The following is the jury list as
called, with those sworn: John NJ.
Wright, John Connolly. George, G.
Hausey, Joseph Cloud, Charles A.
Morrison, Solomon Deputy, Benjamin
Foot, Miles Burkes, William r. Roth
we'll, Robert H. Palmer, James R.
Foot, James Mccoy.
L. P. Mcdowell, being . witness.
waseke65d from serving as q juror
The drawing Of thejury was complet-
ed at 11.07 agm sG
Attorney General Pennington open
ed the case by addressing the jury as
follows: a+}
You and I. 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 bar stands
charged with the perpetration of that
crime. It 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.
It is case for your deep consideration.
You are to forget everything that per-
tsips TO every other business and give
this your earnest consideration.
The prisoner is charged with the
murder Of Robert E Mackey, and it is
for you to determine, after hearing all
the evidence, whether the prisoner in
the terms Of the indictment has taken
the life Of r. E. 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 un-
der which he is tried, has laid. down
two degrees of murder, first and second,
as says the laws Of Delaware, page 764,
Code. Mr.. P. then drew the distinc-
ton between the two degrees and con-
tiuuedaE Now gentlemen, it lis not
necessary that | should further explain
murder, but 10 one word the prisoner
stands charged with murder in the first
degree, and it is my duty to say to you.
it is either case Of irst 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 warrant me in asking it, but if
shall be able to show to your satisfac-
ton as I am satisfied that the prisoner
did commit this murder. l shall ask a
verdict ofguilty. 1t is my duty as Atty
General for the State to warn not to
come TO- conclusion until you have
within your knowledge every fact that
will bring your conclusion. 1 think l
will be able to show to you that on the
18th day Of July last the prisoner and
Robert Mackey met in Newark that
there. after having some conversation
together. they mutually took drink |;
that the prisoner was in Newark pro-
fessedly engaged in the tightening rod
business; that R. E Mackey was
there for the purpose of conveying $
friend to the depot that Mackey there
went to the Deer Park Hotel. where
be met the prisoner; they then left
Newark together in Mackey's carriage,
and started for Christians that the
prisoner drove, and that they were seen
at Christiana together. and that they
left there together. They we're next
recognized in St. Georges that they
remained some time; that R. E. Mac
key was at that time under the influence
Of liquor that the prisoner, whilst
Mackey was there. partially persuaded
him, to lesvs the bar room that as
they came ont Of the bar. Mackey being
intoxicated. the prisoner took Mackey
up bodily and put him in the carriage !;
we shall show that Msckey, at that
time, declined to be carried away; that
subsequently the prisoner. by some in
duence. succeeded in getting Mackey in
the carriage. leaving St Georges with
the intention of going to Delaware
City. We shall show you that instead
Of going 10 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 7by. two, men, the. prisoner driy-