Daily Republican. [volume] ([Wilmington, Del.]) 1874-1890, 1889-02-18
THIRD EDITION.


Tho Case of Taylor 4. COOLEY.
Court convened at 10 O'Clock this morn
ing with Chief Justice Comeeys and
Associate Judges Houston, Paynter and
Grubb on the bench.
The rolls Of the general and special
Jurors were called, and all answered.
Attorney General Biggs said that he was
really to proceed with the case of Taylor
Il. COOLEY, indicted for homicide In kill
log Harvey Turner IN Christana hun
dred, on Sunday, September g. 1858.
Cooley and Turner lived on the came
farm, and on the day In question another
colored man, who also lived In the same
house, went in and got his pistol for the
purpose OF dtscharging and cleaning It.
He Tired two loads in the air, when Cool
ley asked him TO let him have the weapon
TO sht OF at a mark. He took the pistol
ami fed at gate post, but the bullet
Struck the ground.
He then snapped the pistol 6wice, and
VIII II IL failed 10 explode Turner, who
WAS standing close to him, ked,
why, you couldn't shoot anything
Cooley turned toward him al d, pointing
TIE weapon, said, ~ could shoot you,
aud pulled the trigger. There was shot
and Turner fell TO the ground, tue bullet
having entered his stomach about one
lLch and half from the naval DR.. Flynn
OF Newp ri was summoned at once, and
after In .kng an examination advised that
Turner be taken TO hospital. Cooley
ought him u the Homeopathic llo>u
-, aud after leaving him st that inst, IL
lion proceeded 10 police station, whgre he
8 rendered himself to the authorities.
The surgeons at the hospital failed TO
locate ilH hfillpI and Tnrnar uka
III o'clock that nisht. The coroner sum
moned jury, who held GoUdley to an
,ewer, aud he was afterwards released by
Judge Grubb on t5,0 D bail.
When the case was called this morning
Benjamin Nieids, ESD, attorney for the
accused, moved that count 3 of the In
dictment be qua ehed. This count charges
that Tsyior K. Cooley did on September
eth, 1888, unlawiully, wiiiully, ielonious-
ly and uLinientonally point ia lest a
pistol toward Harvey Turner ich
pistol was discharged and caused his
death, and that the said Taylor Goodley
did unlawfully and ieloniously kill the
said Harvey Turner. Mr.. Nields objected
10 this, and argued In favor of quashjng
y. his was opposed by the Attorney
GENERA, who co tended that it was
framed strictly IN accordance with the
sa,ute.
Mr.. Nields contcnled that the count
wss contradictory, as II charged that the
defendant pointed the pistol in lest, and
afterwards sets forth that it was done IN
lawfully, feloniously and willnlly. After
alengthy argument majority oi the
court decided that the count WAS properly
drawn and must stand.
Cooley was then placed IN the dock
anu the long indictment read TO HIN hy
Clerk Cochran. He stood with his rigbt
hand appraised and head bowed deeply !
affected. When the reading was iinishud |
the accused pleaded not gully aud the |
following jurors were drawn: william /
u: Baugh, William R. Stroup Gtorgr
Adele, Robert X. Cochran, Isaac +
Mote. Benjamin P. Dixon, John Wei.
.ter, John Beck, Mel j. Toy, William
II. Simpers, Thomas G, Porter, John NJ.
Fraim.
The following were drawn and chsl-
lenged; Pussy Pennock, William Hans
he, William Hughes, Thomas Hethertnu.
George NJ Bright, Jacob Cochran, John
H. BRADY, Jonas heyssr, George H. Ford,
John l Boyle.
The Jury were then sworn aud the c,sp
opened by Deputy Attorney General
Thomas Davis, who alter stating tile ci
eumstances commenced the cxsanipatjn.g
of witnesses.
John Wilmer, cOlored, was sworn. and |
testified that he is employed Oh he YIN /
cent Flynn farm in Christiaua Hundred.
lie has known Taylor l.. Cooley siucp |
INST September; he lived IN the sam,
farm with the witness, aud came there |
Three or four weeks before the shooting
occurred. There is double house on
the farm, part of which is occupirl by
the witness, and the other by a man
Damed Walmsley, with whom Cooley
BEARDED.
The witness had known Turner sipcp
he was 9 years old, and he h.artied viii
the witness and worked on the ia m. ON
the day OF the shooting the witness went
up stairs and got his revolver for the
purpose of dischargiGg it. He fired II
once in the air, when Goodlcy asked him
Tor the revolver. He st first refused, hut
when he asked sgsin the witness gave it
70 him and told him to shoot At the rate |
ne nred once and the ball went iuto the |
ground, after which he snapped the tol |
twice but It did not 80 OIL.
Immediately afterwards the wines,
heard report but did not seq the pistol .
nred as he vas looking at the gate. |
Ihere was little child standing close 10 |
.urner aud the witness thought at fret
ueat j. was shot lie saw Turner go to
we step and lay down, When COOLEY
asked MN II he, the witness, thong ht he
had shot him.
me witness was cross examiaed at
length by Mr. Nields, and at O'Clock |
court took r.cess until o'clock this |
At,ruooD.