Evening journal., 1889-02-18
LAST EDITION
TAYLOR COOLEY ON TRIAL,

The special term of the Court of Oyer
and Terminer, called to try the case OF
the State VS.. Taylor f. Cooley, indicted
for manslaughter, convened this morning
at 10 o'clock with full bench.
The crime for which Cooley stands
indicted is the accidental shooting of
Harvey Turner, colored boy, near New
port, in Christiana hundred, on Sunday
afternoon. December 8, 1888. Cooley,
Turner and others were shooting at a
target. Cooley, thinking the pistol was
empty, pointed it at Turner in Jest and
pulled the trigger. The last cartridge in
the pistol exploded and Turner fell, NOR
tally wounded.
Cooley, who has been out on bail, sat
in a chair before the prisoners box, look
ing as detected and downhearted as a man
possibly could look. He was dressed in
dark suit of clothes. His head rested
upon his hand, and with his face down
he did not raise his head or change his
position during the long argument on
technical points of law, which took I'M
half the morning.
When the case was called BENJAMIN
Nields, Esq, attorney for Cooley. moved
that the third and last count in
the Indictment be quashed. This
count stated that Cooley did unlaw-
fully, willfully, feloniously and inten-
tionally point a pistol. in jest, at
Harvey Turner. and it was discharged
causing death and that Cooley did will
fully, unlawfully, feloniously and inten-
tionally kill Turner. Mr.. Nields held
that if the pistol was pointed in jest, the
killing was not willful and intentional.
He cited law and cases in support of his
claim
Attorney General Biggs held that the
allegation was necessary to specify .the
crime. Chief Justice Comegys thought
the allegation was superfuous, that
according to the statute the killing CON
stituted the felony. Associate Judges
Houston. Grubb and Paynter considered
the words of the Indictment in
keeping with the custom in vogue
for years and did not make
the indictment obiectional. Mr.. Nields
still maintained that the terms of the in
dictment were inconsistent. The chief
justice retired to his room, probably to
consider the matter privately, and in his
absence Judge Houston delivered homily
on old Roman law. When the chief JUS
tice returned he asked Mr.. Nields whether,
if the Objectionable words were stricken
from the indictment, it would not still
be valid. Mr.. Nields said yes.
Cooley was then reused from his de-
iected position and put in the prisoners
box to be arranged For the first time his
face was seen. He is about q years of
age. with handsome face, as fresh and
rudy as a boys
Taylor E. Cooley, said Clerk Coch-
rane, stand up. Hold up your right
hand
Then the long indictment was read,
telling how leaden bullet, propelled by
the explosive force of gunpowder, from
a weapon called pistol in the prisoners
hand, did enter the body of Harvey
Turner and that the same being wounded,
did languish and die
Cooley stood with the hani up and
head bowed and pleaded mot guilty"
Harvey Turner" said Mr. Cochrane
by mistake. at once correcting himself
and saying Taylor E. Cooley, how
will you be tried?'
Prompted by his counsel, the prisoner
answered; BY Sod and my country"
God send you a safe deliverance,
said the clerk
Cooley then sat down and fixed his
eyes on the floor, and shortly after
bowed his head on his hand again. so low
that he could hardly be seen over the side
; of the prisoners box.
The jury was then drawn, as follows:
n William G. Baugh. William r. Stroup,
81 George Abelle. ebert Cochran, Isaac
& i. Mote, Benia ia p Dixon, John Web.
r ster, John Beck, Mel J. Toy. Thomas ].
n Porter, William H. Shippers and John w.
Frain. Twenty-Five jurors were drawn
Fl in ALL eight of whom were chal-
h lenged by the cefence, and two
by the state Those challenged by
the state were Pussy Pennock and Will
& liam Hughes Those challenged by Mr..
g Nields for the defence were William
Hanafee, Jonas Keyser, Thomas Heath
3 erton, George W. Bright George H.
4 Ford, John l. Boyle. John F. Brady and
4 Jacob S. Cochrane.
George W. Cooley of this city,
brother Of the prisoner, occupied chair
near the prisoners counsel, Benjamin
Nields. Esq.
Deputy Attorney General Thomas Davis
Il opened the case for the state, explaining
the indictment and law
John Wilbur colored man. living on
Vincent j. Films farm. on the road be-
tween Newport and Kiamensi. was the
first witness. The shooting occurred in
the witnesses door yard. In answer
to the questions Of Attorney Gen
eral John Biggs the witness testified
that he went to the barn and got an arm
full of cobs, one Of the colored boys
threw cob at him. He then went to
his room and got his pistol. He went out
and fred it into the air. Then the
prisoner asked for it and witness gave it
to him. He at first refused, but gave it
to him afterwards. He shot at the cate and
the ball went into the ground. Then he
snapped twice at the gate, the pistol not
going off, then he heard report behind
him. He did not see what the prisoner
was pointing the pistol at when it
snapped. When he heard the report he
turned and saw that Turner was shot, a
little girl stood in front Of
81 Turner. The little girl hollered
and Cooley. did you think 1 shot
your Turner then walked to the
step and lay down, saying he was shot.
Cooley asked witness if he thought he
A8 {Goodley) had shot Turner
At this point the pistol, 30 calibre,
self-cocking revolver, was exhibited and
1 identified by the witness as his property.
In the cross examination the witness
said that Cooley appeared frightened
and jumped on his horse and went for the
doctor.
At o'clock court adjourned until Z
o'clock this afternoon.
Municipal Court.
At the Municipal Court on Saturday
III night Patrick Brogan, drunk. was fined