The daily gazette., 1874-11-24
FIRST EDITION
PROCEEDINGS OF COURT.
The Taylor -MaGkeYl Murder Trial.
ALL OF THE EVIDENCE IN.
THE ADDRESSES BY COUNSEL.
The Prisoners Counsel Conf
dent of his AcQstittal.
PRocEEpINos--MR. BAY.
ARDS ADDRESS TO THE JURY-THE
EVIDENCE FOR THE pEFENsE-MR.
HoDGsoN OPENS FOR THE STATE.

HoDGsoN OPENS FOR TIE STATE.
Specially Reported for the Gazette.
NEW CASTLE, Nov. %, 1874.
at 11.06 o'clock Mr.. Bayard opened
for the defense as follows
GENTLEMEN OF THE JURY Tho
case for the prosecution, according to
| the statement of the Attorney Cen
eral, has been closed. 1t is my duty,
as representing the prisoner whom
you have in charge, to open to you
the additional testimony OF the un-
happy event of the 28th of July. It
is upon the whole of the facts that
we confidently rely for an acquittal.
Truth is universal and falsehood is ex-
ceptional. We shall prove that it is
not true that Taylor did take this
man Mackey and throw him into the
creek.
Mr.. Bayard then addressed the
Court at some length, asking for judg-
ment on the Corpus delicto without
evidence.
Turning to the Jury Mr.. Bayard
continued
You have heard what have said to
| the Court. This is not all. The pri-
soner and Mackey were both strangers
to us, accidentally being within the
jurisdiction of the Court.
Mr.. Bayard then proceeded to sketch
the career of Taylor, and claiming the
defense would show that Taylor was
In the lightning rod business previous
to the Drawyer's Bridge occurrence,
and that his 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 Mac
key and not Mackey sought by him /;
that Mackey and not he proposed to
drink !; that the ride was unpremedi-
tated and at Mackey's solicitation !;
that Taylor had with him but the
clothes he has now on, and all sLecula-
tions as to light clothes will fade away
in the presence of man here to-day
dressed as he was when he got into the
wagon we will prove they were
friends with no unsettled accounts, no
debts due, no quarrels, no enmities, in
short we will prove the entire absence
of all those materials from which o
jury could draw conviction from cir
cumstantial evidence we will show
that Taylor had rheumatism which
afflicted him at. the time, and suffering
from which he'went to Bucyrus the
absence of other indications of guilt,
staying in the neighborhood, making
appointments and keeping them we
will show you the visit to Ohio was
premeditated, and produce letters
from his cousin long before he made
the visit ; that he arrived there pur
suant to an arrangement to get em-
ployment he got there in the same
| clothes he was arrested unlawfully !;
there was no right to touch him and
he made no effort to escape Mcbride
told Taylor they were going to arrest
him, but he deliberately went to the
Sheriff and allowed himself to be ar
rested. l am instructed to say that
though ex-Sheriff Armstrong was pre-
sent with Hamill and the prisoner dur.
ing all the time but heard nothing of
the conversation we will show you
there was a crumbling wing, walls and
bultresses of that bridge that they
have since been repaired and replas-
tered and the capstones newly cemen-
ted we will show you the natural fact
that on July 26th last, there was high
tide In Philadelphia at 1866 A. NJ,
and at midday at 10 minutes past /
o'clock we shall show you there is
between Philadelphia and the mouth
of Appoquinimink Creek three hours
difference that the tide rises at 20
miles distance for each hour and In
creeks 10 miles; that the mouth of
the Appoquimink Creek Is SO miles
from Philadelphia that 1t is ~ miles
further to Drawyer's Creek that it
was high water there 2 hours earlier
than in Philadelphia, namely, at 90
minutes past II we will show the ebb
to be hours running ont that about
the time Mackey was alleged to have
been thrown into the creek there was.
a mud bank under that wing wall and
still two hours left for the tide to ebb
and then ask how this mans body,
contrary to the natural way in which
the tide would have borne 1t, is found
carried above the bridge.
With O few remarks to the jury
upon examining carefully and com
pairing all the facts brought out, Mr..
Bayard closed ut II. As A. NJ, and the
examination of witness for the defence
began.
AAAhoo ~. oOOP~'t SWOA ANA " ~s ~
sing Sun, Cecil county, Md; am in
the lightning rod business; Taylor was
in my employ in July, during the lat
ter part of July ! was at home; before
l started out again heard of theMack-
ey business; I stopped at the Deer Park
Hotel, Newark in the latter part of Ju-
ly, and asked If lightning rod man
had been there. The man l was asking
for was Taylor, Taylor wore grayish
coat and vest, don't know what kind
of pants, these are the similar that he
now has on; shortly after he came with
me suggested to him to get pair of
overalls; ! don't think:.he got them; I
did not know Mackey.
Cross-examined-Taylorw with me
about eight days; Taylor went as far as
Elkton in my buggy; / left him there
to get on my wagon, on Sunday met
him at the Brick Meeting House, four
miles east of Rising Sun; next saw him
in Jail last Thursday or Friday; wheu !
left Elkton on Saturday morning ! ex-