Wilmington daily commercial., 1874-11-24
THE TAYLOR -MAcKEY TRIAL.
THE LINE OF THE DEFENCl
THE rEsrInosy SOW ALL an.
THE ARGUMENT BEFORE TIE JURY.

NEW CASTLE, NOV. -.
At II 05, Mr., Ba. ard opened for the defense,
follows
Gsntenie1 oft jury:
The case Tor the prosecution, according to tie
statement of the Attorney General, has been
closed. 1t is my duty IN representing the prs
oner whom you have IN charge TO open 70 you
the additional testimony OF tie unhappy event
Of the 25th of July. lt is upon the whole OF the
facts that we confidently rely for the scquIttal.
Truth is universal and falsehood ID exception
al We shall prove that 1t is not true that lay
lor did take the man Mickey aud throw him into
this creek.
Mr. Bayard then addressed the Court at some
length, asking for judgment on the corpus deito-
Il without evidence.
Turning to the jury Mr.. Bsyard continued
| You have neard what have sad 70 the Court
This is not ali. The prisoner aud Mackey we've
both strangers to as, sccdeutally being within
the jurisdiction Of the Court, aud lie then pro-
ceeded TO sketch the career Of Taylor, claiming
that the defence would show that Taylor was IN
the lightning rod business previous TO the Draw
| yers Bridge occurrence, aud that bis employer
came to Newark looking for him during the
latter part of July and expecting to hear
| Of him that the prisoner was sought BY Mack
| ey and not that he sought MacAey that Mack
ey aud not he proposed 10 drink that tue ride
was unpremeditated and At Msckey's Invitation;
that Taylor had with hlm the clothes he has nov
on, and all speculatious as 10 light clothes Will
| fade away ia tue presence OF Tie man befe TO-
gon. We will prove they were trends with no
| unsettled accounts, no debts 1ue, quarrels,
no enmItes-in short we VIII prove
the entire absence OF all those materials
from winch jury should draw conviction III a
case OF circumstantial evidence. We shall show
that Taylor had rheumatism which afflicted hinl
at the time, aud suffering from which lie came
to Bucyrus (there is AT absence Of other indcia
Of guilI), staying i'll the nelghborhood, making
| appointments aud keeping them We wall show
/, | rha OHIO As UTeme1itAteu and DrO-
duce letters from bls COUSIN before he made the
visit that he arrived there pursuant 10 an ar
rangement to get employment that lie go
there in the same clothes that lie was arrested
uuawfully, there being 10 riglt TO touch hln
and he made no effort TO ereape.
Mcbride told Taylor they were going to a1feH
Z him, but lie deliberately Went To tue sheriff all,
allowed himself 70 bs arrested. am Instructed
to say that though Sheriff Armstrong WAS pres
eut with Hamill and the prisoner during all thu
time he heard nothing of the conversation. W.
will show there was crumbing of the WIN
walls and buttresses of that bridge; that the
Il have since been repaired, replastered aud tn
cap stones newly cemented we Will show W
the natural fact that ON July 28th, last there wa
high ude in Philadelphia at ~ 90 A. Nj
and at midday 10 minutes past o'clock; "
shall show you there il between the mOut
C. of Appointments creek 8 hours difference
that the tide rises at 20 miles distance for eac
hour and in creeks II miles; that the mouth {
Appoquinimlnk creek Is 81 miles from Phlla
that u Is ~ miles iurther u prayer creek thi
- it WAS high water there hours earlier tuan
Phila, namely at 70 minutes past IL; we vi
TO show tue ebb to be hUurs running out; tn
az ab )ut the time Mackey was alleged to ha'
been thrown iuto the creek there vi
nd a mud bank uuder that wing wall and still "
hours left for the tide to eob and then ask ho
, a this mans body, contrary to the natural way
winch the tide would have borne II, IL fOul
above the bridge. Wth few remarks to d
nm jury upon examng carefully and comparing
ph faot hr, put Mr. Hazard qinapI at
nv A. NJ.
III Amos q. Co2per s,norn. Live at Rising Su
my Md | am in tile lightning rod business ra
any lor was IN my employ m July durlns the iatt
,ne ,., part Of July was at home before | start
ins out again / heard Of the Alackey business
A. stopped at the Deer Park Hotel IN the lat
part uf July aud asked ii lightning rcd IN
ilae had been there the man Was asking for "
Taylor Taylor wore grayish coat aud vest
don't know what KIND OF pants those are
of same or similar that lie now has on shoI
after he came with me | sugsezted to him
han get a pair of overalls | don't think lie
them | did not know Mackey.
up Cross-examined Taylor was with me alb
Al days OH Monday morning lie entered vi
A his dules Taylor went as far as Elkton III
an buggy it was an hours drives left him III
ex- ton " get on my wagon leIt TAYLOR at
we cross roads corner, my wagon standing the
this was OH Iuerday this all i'll the 81
week ON Sunday met hun at the Blck NJ
pins ing House, miles east OF klsng Sun next
cts him in Jail last Thursday on FRIDAY knew ]
lor slightly before hlred him had met HIM
cent years prior when left Taylor at Elk5on
te- him was going TO Rising SUI and told hlI
20 to Lewisyille and # lie got 1b TO put it
and then 10 come to Rising sun aud stay
olor SUNDAY when lett on Saturday morning
pected to see him that night with the wagon
was to leave word al klmuleyile was the rel
and esEed Rs.d ioF hm s Das red rsE hoa
dence showing the state OF the tides, ec.
m laarAa mi "a
about Landenberg have known Taylor ~ yrs
Lheih' Alackey or years don't know what relat
existed between Taylor an Mackey pres
ing II they were friends for have no cause to
good otherwise.
Lukens Russell suoYn Lived in upper o.
Township, Pa, all my life have known i
lears, lea, 10 years knew Mackey by sight lived
%n,oa gnoa from Mackey, and from Taylor l think
,e ma we're friendly when l saw them together
,vers- we're apparently III friendly intercourse.
India Henry Gregg acorn Ltvein Mill Creek
lower in this county the relations between Iaylo
ed IN Mackey were friendly for anything know.
Cross examined; Don't know that eve
- them together.
great Chalkley Phillips slcorn; Live at I,
u vsrd anI kennamon am butcher there knew NJ
nne persoha " tne peisvua isavons VI Aay
Mackey were always friendly they contlnu
at the far as / know until Mackey's death have
TAYLOR ID years Mackey and l were bo
sizeS' gether both Of these men were dlspos
drink
rd Cross.examned Last saw them at Avol
four weeks before this occurrence they
drinking soda water together | met the
roider- gether many time at public houses |
e, pink seen them drink many tunes saw them ur
iins to nv place and ut John Phillips two years a
have seen them drink whiskey.
IA 80 Washington BrddIey ssuorn Lave in
nv ware City, formerly at Newark was IN \
July 26 IA last ; knew both Taylor and
Carpets smoke to MacEev . Taylor and Mackey
,as, "a No together Mackey asked Taylor if lie won
seI low w down town Taylor said lie waited TO
,ments Armstrong; tney Went uoWn stIeet l1b
Q. he Taylor had on dark clothes the cloIhes y
With US has on are like them In color | have
0 come TAYLOR or 10 years and Mackey or
..nl.ua fria ,ds M far L kul