The daily gazette., 1874-11-25
FIRST EDITION
Court Proceedings.
[ CnnIinned from firsl nanal

put no one KNOWS ms name, no one
can tell who he is he was not called
by the State. If that man died in any
other way than as alleged in the in
dictment this man Taylor must be ac
quilted. l ask this court to charge
the jury that the corpus deficit (body
of the offence) is not sufficiently proven
to warrant conviction. Now as to
the onus Of proof the onus of proof
lies on the prosecution and it is incum-
bent on the State in case of circum-
stantial evidence to prove such state
OF facts as must exclude every other
inference but that of guilt. If the
means of proof were all there, and the
prosecution fails to produce them, the
prisoner must not suffer. Where the
defence have the means and fail to pro-
duce the proof, the presumption is
against the defence but if the defence
were excluded from the attainment of
the proof, all the more certain must
be the proof of the prosecution the
State had this body, and had it buried;
the State and the friends had it ex.
humed and examined; the prisoner
had net this opportunity. With all
these means the State has failed to
make out the proof.
Mr.. Bayard then asked the Court to
charge the jury that tho State must
prove their hypothesis by consistent
facts and that tho material from which
inferences of the guilt of the prisoner
are to be drawn are his previous con-
dition, his expressions and his mo-
tive.
Mr.. Dayard now read from Whar.
ton on confessions and argued that a
confession in capital case is very
doubtful species OF evidence to be re-
ceived with great caution, citing cases
to prove his position. A hasty con.
fession made to persons not authorized
to receive them, is the weakest kind OF
| proof; confession are, then, OF the
lowest degree of evidence to rccciv ed
with caution and so he asked the Court
would charge.
| He also asked that the Court would
instruct the jury that every accused
| man is to be presumed innocent unit il
found guilty, and that the benefit ol
every reasonable doubt should be given
to the prisoner.
Turning to the jury Mr. Bayard then
spoke substantially as follows -
GENTLEMEN OF THE JURY Il am
glad for your sake, my sake and fol-
the sake of the prisoner, that our du
ties are drawing to close. trust
| shall not detain you long, but if do
ascribe it to my wish that nothing in
my power shall be left undone which
| can do for this prisoner. l have ex
pressed my opinion as to the law, and
am confident the Judges will respond
to it, and say to you, Independent oi
the facts, you must acquit this prisoner
There is no direct evidence that thi:
murder, as alleged, was ever commit
ted 1t IS to be inferred only by the
exercise of the rational powers will
which you have been invested. Now
may say one thing with regard t.
circumstantial evidence. l will no
assert that there may not exist n chaii
} of facts from which strong, almos
conclusive presumptions may flow, bu
lido say that whenever chain of ties
timony is sought to he wrought o
facts, remorely connected with tn
J fact they are intended, when SO uni
ted to prove the strength of that chail
,, is equal to the strength of its weakes
part.
:, w utH tHG tothb3 ullcSb u CiuCi iiu' VIC
of Robert A. Mackey. they are boun'
to prove murder, You have nothing
tefore you but the presumption. Their
ia a blank in this case as to what kille'
Mackey. The last seen of him livini
and known to be living, was 1T 81
Georges. But the Safe sag two people
Fleming and Rebeeca Farrell, saw th
carriage before il got to the bridge. sup
pose they did; when Fleming saw
one man was lying down in the other
lap with his head covered. and so whel
Rsbecca Farrell saw, and, so when thi
carriage reached that bridge. The mex
time Mackey was seen and known wa
| on Friday morning on the bank o
! | Drawyer's Creek. l do not know wheth
! | er he was alive when he reached tha
t bridge nor do you. He may have beei
D drowned, he may have died OF appo
pleXy, he may havo been poisoned, no
} body knows when or how he got int
t that creek. There Is just as much proc
he took the path the jury did and Wake,
to where he was found as : hat he wa:
8 | thrown in. | speak to show you th'
i. abundance of possibilities that might b'
9 ! aggregated into probabilities. Macke.
had been drinking more or less all tha
eventful day. There was whisky IL
that carriage And here let me renarl
. that it is very strange that he, drink
ing man, accustomed to stand NOR
LIQUOR thon ono unaccustomed to 1t
should be made so drunk and stnpid a
to get him to sleep, Still, drunk as HI
was, he was bright enough to recollec
Riggs after considerable lapse of TIM
since he saw him before, but Riggs
sober memory had forgotten him. II
got but one drink at St Georges, wha
was there to make him lie in that car
rlage like dog in the lap of his friend
Do know do you know? does an.
witness know, whether he was sick o
dead? l know not such was his con
' dition. lie rode from Newark to 81
i Georges, sitting he goes down III
9 road from St. Georges to that bridge O
the rate of eighteen miles an hour, hi
head laying In the lap Of his friend tn
!. carriage arrives at the bridge, and her
we come to the testimony of Nathal
and Rebecca Farrell. (Here Mr.. Bay
ard opened Mr.. Roberts draft and ex
planned to the jury where Farrell AM
!. mis- wife stood Inc bridge and the OBJ
structions, such as trees, bushes, ect.
And here let me say that believe Far
Is rell and HIS wife to be two very respecta
BILE, honest colored people, but Farrel
!. and his wife differ very materily in thei