Pittsburg dispatch. [volume] (Pittsburg [Pa.]) 1880-1923, 1892-01-09
JURORS WON'T AGREE.
Those in the Taylor Murder Case Fail
to Reach a Decision.
THE DEFENDANT TELLS HIS STORY
Burleigh Breaks Down Some Of the State.
ments of the Defense.
YESTERDAYS DOINGS IN COURT ROOMS

The Taylor murder case was completed
yesterday. At the opening of court Katie
Bennett was recalled by the defense and re-
lated again the same story as on the previ-
GUS day. Taylor, the defendant, was put on
the stand. His testimony was to the effect
that, while he was sleeping in rear room,
about midnight, little Katie Bennett came
to him, woke him up and told him man
was breaking in the house. Taylor jumped up,
thinking the man was in the house. His
wife handed him the gun and told him the
men were at the window. Taylor took the
gun and slipped out the side door to the
corner of the house and saw the decedent at
tine window trying to get it open. Taylor
said to him: "What the HI are you doing
there?" Bowmaster put his hand down as
though to draw weapon. Witness then
fred three shots. There were eight or ten
other shots fired. Taylor made no effort to
deny that he killed Bowmaster.
TheSother witnesses for the defense were
Amos Ames, Charles Wigham, George Oil
yer and Mrs. John Lawson. Their testi-
mony was unimportant except to corrobo-
rate Taylor with respect to the number of
shots fired after he went outside.
This closed the case so far as receiving
testimony was concerned The arguments
then commenced. Each of the four attor-
neys spoke for nearly an hour
The Attorneys Make Their Addresses.
W. M. Price spoke first for the Common
wealth, dwelling particularly upon the
solemnity of taking human life, and closing
without even disclosing the theory of the
Commonwealth. by commenting on the
hastv, ill-advised action of Taylor, and ask
ing for such verdict as would be warn
ing to men possessed of such reckless dispo-
sitions.
Mr. Nesbit and Mr.. McQuade spoke for
the defense, Mr.. Nesbit taking the floor
first. In regard to the Bowmaster killing,
he admitted that the defendant had fired
the fatal shot, but claimed it had been done
in self-defense, and described in a graphic
manner how Bowmaster was standing at the
window ''Honest men," said he, edo not
go around ON midnight expeditions, armed
with deadly weapons, unless there is some
thing wrong'' He argued that Bowmaster
was burglar, and that he was there with a
felonious intent, closing by claiming that
Taylor was justified in shooting under the
circumstances
Mr.. McQuaide closed for the defense in
manner that worked upon the sympathies of
more than the jury He took up the pith
of the case-the question of what prevailed
in Taylor's mind at the time he did the
shooting. He said the jury must be salts
fed that Taylor had an honest non-negli-
gent belief that his life was in danger no
matter what Bowmaster's motive was for
being there, or a verdict of not guilty must
be rendered
District Attorney Bur1eigh started in to
explode the evidence of the defense. First,
Taylor's story of the shooting was to the
effect that Bowmaster was standing on a
fence when shot and he had fired the shot
on an angle of about 45 degrees. DR.. Blacks
testimony was that the wound was very
slightly, if any, upward through the body.
The testimony showed that the deceased's
body was found more than two feet on the
outside of the fence. Mr.. Burleigh argued
against the physical possibility of man
being shot through the heart, causing instant
death, of the body falling SO far from the
point at which he was shot
BurIeigh Explodes the Gun Story.
The other point exploded by Mr.. Bur-
leigh related to the gun. Katie Bennett
had testified that Taylor took three empty
shells from the gun when he returned to the
house. Mr.. Burleigh demonstrated that it
was Impossible TO take even Two empty
shells from the gnn in succession. he con-
tinued to argue that the testimony of the
defense was untrue, and that Taylor had |
gone outside of his house and shot Bow |
master, who had already left the house and
was going away.
Judge Porter began to charge the jury at
$50 and continued for nearly an hour. He |
said the jury must arrive as nearly as |
possible at the condition of Taylor's |
mind at the time of the killing, and |
then say whether there was an apparent |
necessity for the killing of Bowmaster in |
order to prevent the commission of felo-
nious act, or to shield himself or some MEM
Der of his family from death or great bodily
harm. He reviewed the testimony and |
affirmed 13 points of law submitted by the
counsel for the defense, and gave the case
to the jury at $50 o'clock. Court remained
in session for nearly half an hour, at the
end of which time the jury sent in word
they could not arrive at a verdict until this
Mr.. McQuaide expressed his
belief that in the light of the Courts
charge the verdict would be for acuuittal.