The daily gazette., 1874-11-25

yond a doubt it was Taylor. As
rule Of law the prosecution is bound to
prove the corpas deficit, aad ] think
have sufficiently established this from
the witnesses.
1 do not call for any mau's blood. am
only asking that you vindicate the laws of
your State and say that they shall not be
violated with impunity and to your ver-
dict we are all looking. Do we live in
State where the laws protect the lowest
as well rs the highest We do, therefore
you are trying this case upon the path
you have taken and the testimony. To
you as Jurors we commit this case into
your hands, and we expect that your con-
clusion will. As told you it is either
case of murder in the first dcrreo or ac-
quittalit is for you to decide whether the
prisoner did make away with ortook the
| life of Il. E. Mackey.
| 1t is for you to make up your minds as
to the motive. Robert e. Mackey, has
been called to give an account to his
Maker in condition without prepera-
ton, that trust neither you nor will
be called upon to do. He was ushered
into the presence Of the Great God, and
we say that Joseph II. Taylor ushered
him there. Gentlemen commit this case
to your keeping. feel that that you un-
lderstand the facts without any further
comment upon them by me. I believe
that you will bring in q true verdict, one
sustained by your consciences;i one that
will be approved by all time to come. l
say that the State expects o verdict of
guilty, and think l am justified in say
ing SO, because of the facts. do say that
have shown by unimpeachable evidence
the guilt of the prisoner at tho bar with
this leave you the case.
Mr.. Pennington concluded at 10 min.
of g. The Court then took n recess until
this morning at 10 o'clock.
THIS MORNINGS SESSION.
Il New CASTLE, Nov. %, 1874.
i Court opened at 10 o'clock, and Judge
Wootten commenced his charge to tho
jury, as follows;
Gentlemen Of the Jury, / think may
be permitted to congratulate you, my
brothers on the bench and myself on the
approach OF this protracted case to its
final termination. When I speak of it,
however. as a protracted case, do not
mean to say it has been very unrecossari-
ly so; its magnitude requiring time and
careful, scrutinizing attention.
Joseph III. Taylor, the prisoner at the
bar, stands indicted for the murder OF
Robt. A. Mackey and of murder of the
first degree. alleged to have been COM
nitted on the 2Sth OF July last, at Draw
yer's bridge and creek, in this county.
1t is charged in the Indictment that the
prisoner at the bar then and there with
scarcely forethought, did cast, throw
and push Robt. A. Mackey into that
! creek i'll which there was great quanti-
: ty OF water, and that by and with the
: water. the said Robert A. Mackey was
: choked, suffocated and drowned. Tc
this Indictment the prisoner at the bar
pleaded that he is not guilty; and put
himself on God and his country which
country you are, and the issue which you
!, arc sworn to try, is whether he is or is
not guilty in manner and form as he
stands indicted. 1t is proper for me tc
say that under this indictment he may
be convicted of murder of the first de.
!. gree or he may be acquitted as he stands
indicted, and convicted of murder of the
ID degree or he may not be convicted o1
! murder of either degree but OF mar
! slaughter. But if you should be salts
: fed after careful and full considera
q tion of all the evidence and applying il
> to the law as / shall give it to you, thai
i, it is not proven sufficiently and beyouc
a o reasonable doubt that he is guilty o.
t murder of either degree of man slaugh
s ter your verdict should be of acquit
d tai, these being the only offences fol
J. which he can be convicted under thi,
!, indictment. The case gentlemen is O
|, great Importance, as well to the com
I munity as to the prisoner at the bar
The object of the criminal law is no
1 lmerely to punish those who violate it
t but for the protection of Society. IT.
T. pains s. penalties are therefore held ou
!. to others as beacons of warning to de
+ ter them from the commission of alik'
l In considering the e;iJeuce Of it ia con
c dieting you should reconcile al its conflict
II ing elements ii you can, so as to harmonic
: 1t all. But il it should ba 70 conflicting Il
. TO be irreconcilable, you must give credit tt
D. that action which you may believe to ht
l. most entitled to it, and reject such MS 20,
9 may think tne least worthy of credit w
come now to notice moro particularly th
u crime with which the prisoner at the bar j
!. charged in this indictment and tho law ap.
plicabe to it, The indictment charges tina
e the prisoner at the bar on the 2oth day O
l. July last, with express malice OF over
! thought, cast, threw aud pushed Robert A
u Mackey into Drawyer's Creek, at st. George
n Hundred, in which creek there was Il grea
t quantity of wa,er and that by reason of sucl
j. casting, throwing and pushing of the de
u ceased, Robert A. Mackey, into the creel
aforesaid, was then and there choked, snilo
i Gated and drowned, OF which said choking
sufiocating and drowning, he, the said Robt
0 A. Mackey instantly died, this indictmen
! alleges to be murder OF the first degree.
). TO BE CONTINUED.
The Judges charge is quite lonl
!, The case was given to the jury a
e 1882 this morning. The jury wa
; sworn and retired