The daily gazette. [volume], November 25, 1874, Image 1

About The daily gazette. [volume] (Wilmington, Del.) 1874-1883

Image provided by: University of Delaware Library, Newark, DE

                
(
il The Daily Gazette
JW*
1 VOL. LXXX1Y.-NO. 512.
WILMINGTON. DEL., WEDNESDAY NOYEMBEE 25,1874.
PRICE 1 CENT.
<>- eines of travel.
W 1 *?!# 010 * 1USADIKU KA1L
On and attorMonday, Out. 26th, 1874, trains
- will run as follows
Goins Northward
No.S.Vo.3. No.l. •
p. m. p- w, a. in. a. m. a. m. p. in
r fa .U>. *2,30 (i.3U Wilmington 8.5ti l.ui) 7.36
7.1V Ohadd's ford# Id 12.03 Ö.4Ü
J.10 4 25 H.htJ Coates ville, 7.U) 10.52 5.44
Oil & ««dSöfigJSÄ*
0J3 ilL>l Reading,
? U i >t»ai*iiotioK.s :
. At Wilmington with trains ou Philadelphia
wiisglntton & JSaiiiiDure.und Delaware Hall*
■ read*; at Uhnud's Ford with trains on Phila
delphia L. Baltimore Contrai Railroad; at
PonnhylvAnia K.
n Philadel
\ phfa & Keadins.liebttnon Vnlley.Kaatpenna.
• utid ÎKhding <V Columbia nud ths Dorks
1 county Railroads.
E. COLLI NOB.
General (Superintendent.
'I LMINGXuN A
LEO vD.
Going Southward
No.2. No.4.No.6.
STATIONS.
on
y,2* 4.42
404
3.40
».00 3.30
CoatesvlUewith iralns
It., und nt iU-uhn« with trains
1374 -
y Trail»* Ih.iv« Vv iliuinglon a* ioliu.vs : fur
a iTülfiUil Lliia ua>l nucratediii'e stations,
. è.WJfcAt; • T.\ 10.30. ». in ; 2.* 4,0), 7 2Ü. V.3U
i'hîht'fcIpliiH nnd Naw York, 1.21 a. in.;
12.1/, 12.12, 5.42, p. in.
ihtlumoro »ad ioiermeJiato stations, 12.52,
10 02 ,».
Baltimore) and W »hington, 12.52, 2 03,10.02
u. in,; 12.01$. 1.23, 5.2). 7.10, p. in.
Trail»* lot liulaj'uru Division, leavn for:
* .-Üe.» pm, .10,10, ft m.; 1-25, 6.40,
lîfnfr^nf lf>n »nfi intcrmtdUto stations. r> 00.
lOjlU.a. in.; 0-li), p. in.
' loY> l< - iar Bû d i ' t * rùieîii
5.20. j). ui.
at n tb » ns. 5 00
SUNDAY TRAINS :
■ ' l'in Hell,hi
irciolUto suliund.
4.0^), 6.30. n. iu.
N
PhiiiKlciaki*
York, l.31
tu-i. 1
2.1)3, a.
i
farther mioru.aii
puHSftngfltë
lofcted at tho ae? ut
il. 1-. Jkl.'.N LiY. bui>oriot*iidenl
• f. rred tu l ta» uuih tab
. üTtÄtö FilMSHT l!Mii
Ltu -• c
v. Pbila
h lr cot
M
■:
v
r.
hart, il
h l;l
..
I
I
u' till i r.
rd.nl
!.
Il»;
veuxcausa
c coi». s.
r.ulAGuN SIlViiT
" PERFECT FITTING,
Tili-Xi
# ? • • Ii
ri
COMFORT, E AB F, K IT »KG- A N CE,
Maile ta Order & warranted a True Fit.
Send for Stll-Me■leurcmeut Circa!
J. I 9 . DOÜG-HTDIÎ,
■ -
•410 Market Htreet.I;
Wilmington. Del,
r *
■ * KMiyrViy
WYATT A BARATTS
S
V. -Wo'ï
Market Street,
Wllmtnglnn, Kiel.
C. S. MORGAN)
and Popular Style* ut
Ni
Doalc-r ii
621 MARKET STREET,
WILMINGTON, DEL.
I
OUR EXCE&SÏOR SHIRTS
..tvE MADE TO ORDER.
Cathy Mer.sure'and a Perfect Fit guaran
uiay2?-3md
^oed.
TOWNSEND to CO.,
Real Estate Brokers and
Convey anoeus,
T>Jo. IHO Miu'Uct Ktrer-t,
Propci ly Jlouüht. Sold. Exchanged and
Rented, and It» nts Collated.
One of tho firm alwatiin attendance at the
ifilce darin 2 n usines* hour*. oc ( J 74-tt
DANIEL FAltKA,
Suh/evor, Convcvancer,
AND NOXÀHY PUBLIC,
4lfl}co No. «-JA Ulug; Mrftt,
Aw-Stono aud Brick Work, Oradsag, «kc,
measured. ________
THOS. R. LALLY,
MTRKRft,
awiIMt M I^EKsnUsiin
. UUbINKWîi..
t PH Or E RTY ' ' BOtT OUT BOSPriAND EX
(MIAN'OED.^ T
Hüv.saB Rented,
«cats Collscted.
Leans Negotiated
LEGAL PAPKHS PREPARED
in
STALTEI* CUMMINS
AT l'OUNEY-AT-IjAW
and solicitor IN ClIANCERy,
« UDluiin^tou, Del,
No})Ck *612 K'-V ^
rio'ir foPo
deo^iMv.
« rrc-' kjEOBGM VIGKEHS~
- ATTORNEY at law,
I I'liMtcflewn, Ki m »<> , Mtl.
41. W. VIl'KMU,
ATTORNltY Ar.i.AVV, do
dJcir ei-io
t ti ,V
4*
ICE DEALERS. '
WALTON St JAMBS.
have rented the office
No. 2 West Third Street.
Formerly occupied by the Franklin Tele
graph Co., whore they will keep constantly
on hand a good supply of their fine
KENNEBEC RIVER ZCE.
And will reoeive orders lor the oomin, -—
mer. Feraon. who want a good oloar solid
IUE durln, tue hot summer months would do
well to call and loava thoir order, with thorn
oarlr. and they will be guaranteed a supply
through the entire eea aon. aprmt
GREAT REDUCTION
is the Price of
ICE
Ou aal aller Monday, Ausuat 31M, the priee
of Toe will be nklnoedte lb# foltekrtaviftea
45 ceit, per week.
5 pounds daily,.
8 do do .
12 do do .
lb do do ..
2>) do do .
50 lbi, oach delivery.
luu.
500 " and upwards...
do
e->
do
b5 do do
y5 do do
110 do do
I •
To
b0 cents per 100 lbs
Our lee is of tho best quality, and will be
told os lovr us the lowest.
WALTON A JAMBS.
Loin and Kins and No* 2 W. 3d Sts.
aprHtf
;OHAÏiiGÎ3
-IN
PmCES OF JOE.
I
will
CominoniMnff
ie!l icu ut the lollowinu prioea :
5 puundfl daily
?> do
r: «io
u; du
20 do
Monday, August 31,
45 Centn per week.
.I*.
do
du
8Ù
do
do
do
do
yö du
1 lu dû
•lu
d.. .
do
5'* pouiidä daily, 40 cent- c ch delivery; U)Q
pounds daily, fu crut* euoh delivery ; ôUU lbe.
ami uuAprds. ut b.i cent* per ldu P
<C7î'\vt? gu n run leu to sou »* low *
î
any o
ity.*&n
PU4KY d RIL'IS.
u Voider, loto
Ufkkjfs- tin» Shipley, 4th
VVmiiui Sts.
HATS ANJJ CAPS.
DÜBELL
I'.JHLlK
H A T T E R.
2
oast Third Street,
; WILMINGTON. DEL.
■ly
h, H. QUAY'S
CHEAP
HA'l' and CAP
EMPORIUM.
402 KING STREET 402
CLOCKS , WATCHES , AC.
O. I. T3TTHH
HAS Hi*;MOVED
HAS REMOVED
HAS REMOVED
HAS KRMuVKl»
HAS REMOVED
HAS REMOVE')
TO THB
-u«U Corner of Neveolh
au-l '.larket Mlrect«,
: Kouiti
A LAItOE STOCK OP
Watches,
J ewelrv,
& Silver-wave
»
Constantly on hand.
49~Repai!ing promptly attended to.
apr201y
Finit: WATIULS, BLOCKS
and JEWELRY.
At No.15 East Fourth Street
WJLMINQTON. DEL..
The undersigned would re
spectfully call the attention
of ladie« and gentlemen to
—--- fc his fine assortment of Watch
es, Clooks, Jewolrv, Silver and Plated Ware,
all of which is entirely now and embraces the
latest ami most approved styles. Ue asks
H.foial attention to his American Lever
Watch, whion is a superior article, both in
finish and for norréotnesa of time. A good as
sortaient of clocks, jowelry and silver and
plated ware always on hand, at low figures.
Everything guaranteed as a represented.
Repairing of all kinds promptly and neatly
dour on reasonably terms.
Publie patronage respectfully solicited.
J CLAYTON MASbBY
octSVti No. 15 K. Fourth street.
407 Market Bt. 407
BENJ. S. CLARK,
I , .
A full assortment of superior
Clocksi Watches. Jeweirv and
Spectacles.
Constantly o« han»l and for Bale at the low
est market rate*. Particular and personal
attention given to Repairing any artiole
the above line.
A fine assortment of Spectacles constant
ly on hand, and sole agent for the Célébra*
ted Diamond Spectacles, marl*
do
m
dry goods.
O T'EN I NX*
HPRINO AND BUMMEH
l>i*«ss Ciood»,
BI.AOK. SlXiS,
speoialty.)
English Walking Jacquets
KINO WEAR;
KKEJNOTI FOULARD.1
FRENUI1 ib IRISH POPLIN,
SHAWL8, OASSIMERE,
WATER-PROOFS,
TRIMMINGS OF ALT, KINDS,
M. L. LICHTENSTEIN, Z
220 Market street.
WILMINGTON
Fo
WM. li. (SHARP.
Cor- 4th & Market Sts.;
Hac opened » fall assortment of
NEW AND SBAS0NABLK
Handsome Dress Fabrics,splendid qualities oI
Biaek Silks, Japanese Silks,&c.
Aiwa,, on hau l, a full Stoch of
MOURNING GOODS.
of the latest styles and most relible makes
Also, »full line of
DOMESTIC GOOES'
At the lowest rates
WM. B SHARP,
*«». 31 to, lih Market Ms.,
WILMINGTON. DEL.
506.
5< )6.
LAÏ ASIDE EVEltYTilINtll
<JAI,L, AT ONOE !
Z and bo convinced
WOODS B EVER SO CHEAP EFoftK.
UoJuoIbs Stock at BELOW CO T FRIClSi
DRYGOODS.
BOOT« AND SHOES;
[Crockery and Glassware.
The rreateMl variety and the Urgost aasorf
meat ot good* in tho State. Remember the
place and number
ADAMS & BRO.
58Ö. Market Street. 50«.
WILMINGTON. DEL.
ianS-tf
AIV IMMENSE
ASSORTMENT OF
Woollen Goods.
BLANKETS,
9-4, 10-4, 11-4, 12-4,113-4,.
IN WHITE. eCARLET, BROWN, * ORAY
Call and oxamiue them at manufacturer
prices.
FLANNELS.
5SVHITE.iTWILLED. SHAKER, PLAIN!
4)a do.
FRENCH 2K:YARD WIDE,
The finest Tasd best uiado gilk-embroldcred
Funnel«.
BLUE, tCARLET, GRAY, TWILLED AND
PLAIN
MEDICATED SHAKER FLANNELS
For rheumatism, at prices that cannot- be
be \ten in this or any other market.
GRANVILLE WORRELL
82Q& 822 Market Street,
Masonic Temple.
WILMINGTON. DffL.
-
t«Pl2
Fashionable Furniture.
J. & J. N. HARMAN,
No. 410 King Street,
WILMINGTON, DEL.,
ipeottully inf
Wilmington and the sur
rounding oountry that we continue
to manufacture and keep on hand at
our large and long established warerooms.
Furniture of every variety and style, «on
sisting of Mohogany,Rosewood and Walnu*
Furniture suitable for parlor,diuing-room
and ohamber
Our assortment of Furniture is largeerand
more varied than ean be found in Delaware,
and all artioles sold atour establishment are
warranted as represented.
Vcaitian Blinds of the most fashionable
designs made to order and kept constantly
on hand. We also manufacture And constant*
ly keep a largeasortment of Spring.Hair,
Moss and Husk Mattre*>es.
J. à J. N. HARMAN,
__ 410 King Street.
We res
the citi
nt
in
uses.
pRIMK NEW HUNGARIAN
Grass Seed
At W. N. CHANDLER'S,
811 Market Str «et
bum
ANOTlfF.R ENOCH ARDEN CAST.
A 8TRANQE STOUT.
Thirteen years ago a young man wooed
and won a young lady in a village not
far from Davenport. The parents of the
girl objected, and there W's a deal of
trouble ; but finally the couple were mar
ried at the home of the bride. Three
months after, tho bridegroom desired to
movo to California, but the family of his
wife opposed her emigration, and the
result was that the husband «started for
tho Peufific coast without her. After the
first sir months no tidings from the hus
band were received—and in less than a
year news came that he was doad. In
18*13 tho widow married a young man
who had recently arrived from Germany ;
and her second husband was entirely ig
norant of tho fact that his bride was a
widow. But "whore ignorance is bliss,
'tis folly to bo wiso.'* Shortly after the
marriage tho husband purchased a farm
in Scott county, and on that farm the
couple have lived ever since, and soverai
children have blessed their union.
Four wools ago tho first husband of
this woman arrived in Davenport, and
on making inquiries learned the history
01 hs wife's marriage. Then ho rode
out to see her. It was fortunate for her
that her liege lord was away from home,
tor sho was very much affected. She
told him that she Btipposod him dead,
and bo married another, and ch i ded him
for neglecting iter as ho did. Ho had a
long story to tell, the real gist of it be
ing that he had determined never to
return until ho Locarno rich. And here
he was—rtcit / But hia wife was misera
ble in his presence—and he was misera
ble too.
Tho end of tho conference was, that
the first husband returned to Davenport
to consult a lawyer—and tho end of tho
consultation was that tlte itusbaud went
to tho wile and had another long talk
with her, and then the two separated
never to meet again, for tho man deter^
mined to cross the oeoan and spend tho
balance of his days in Germany.
Tho day that ho loft the wife entered
her suit for divorce on the ground of
desertion; the notico was immediately
served on defendant, and lie acceptai
service. At tlte next term of tho Circuit
Court tho defendant's namo will ho call
ed and there will be no response. There
will be default, and decree of divorce
granted. And maybe the wife will bo
married a second timo to tho father of
lier children, and so remain contented
in the delightful homo ill which she now
lives in elegance and comfort.— Vaven
pert (Iowa) Ornette.
A Slau forc'd lay UisOniiQull-Aaro
[Prceouco oOIiud of
Utao Child.
On Sund iy l.ml there happened one of
those providential escape* which occur oc
casionally, and seem ufmoat loo strange to
be true. William Steele, who has churgo of
tho Powers farm, about four mites north of
Waterford, had raised from a calf a young
lie had always cared fer, and enter
tained no fear of hiiu. The bull was pas
tured in a small paddock near the burn, nnd
and in the evening it waa custom try for Mr.
Steele to take him into Iheb irn. Sunday
Mr. Steele went into the pasture to drive
him, when suddenly the brute turned, and
knocking him down, pinned him to the
grouud. Fortunately the animal'* horns
were wide epiead,and;instead oy penetrating
Steele's body they passed ou each side. The
enraged animal wan thus standing over him,
when a young child of Mr. bteelt's saw his
danger, and had the rare presence of mind
to call the dog (of shepherd breed) nnd set
him ou the bull. The dog attacked in the
rear and diverted the attention of the anim
al, and Mr. Steele quickly escaped.— Trou
Timts.
ball
The KtOiui.
i'ue storui of Sunday night and Monday
aevero along tho Alüiuic coast, from
Ktcbmond north, and also upon tho lakes.
On Monday afternoon considerable! damage
wus done in various places by the wind,
l'nrt of a round-house tu course of erection
on the Uiltiinoie and Ohio Bailroad, at
Keysor Station, near Cumberland, M l.,
blown down and
was
was isillod and
another fatally injured. At Baltimore a
number of houses were unroofed, aud the
total damage ia estimated at $25,000. D im
age to the amount of ubont $10,000 was done
at Trenton, N. J.
one
Ladle« Wliaing to Porchaie a light
running and Simple Sowing Machine, would
do well to call at No. 718 Market Street. Wil
mington, Del., and see one of the nicest Fami
ly a.fW.Lg Machines in the world. It ha* no
equal ; it sews from the thickest to tho thinest
material if desired withoutchungo of needles.
Our hobby is simplicity, durability, light
running, and no threading-up roauired: self
threading shuttle and self-ietting needle,
hold on easy monthly instalment, or a liberal
discount off tor cash. Louies don'tbuy u
heavy and complicated machine, but get the
light running Now Amerioan.
arket St.. Wilmington, Dol.
J. 11. PRIMROSE. Agent.
718
jy7d*wlv
J^ITGBY ACADEMY
A SELECT ENGLISH, CLASSICAL AND
COMMERCIAL INSTITUTION.
Masonic Tenmle. Wilmington, Del
SAM'L W. MURPIIY, A. Principal,
Assisted by experienced instructors in the
several department« of the school. ?
FALL TERM OPENS 8KPT. 7th. 1874.
For Catalogues, apply t*)
Bough man. Thomas A Co's
•I
MERCHANT TA ILORS.
^j' 3 Q,üklh(UtrS
/aà/rrehan t Jaih t
r mm/sÆwjfà
£1U
Mrs, m. l. mcdaniel
»
Has a new and fino uuortraent of Chll
:.f e ? lothing, Cassimere*. Hamburg Edg
lh?u H dÄi^f 7 l n ßw jHe^Aiï^ 1 *
nriTT _ __
LUILDREN S CLOTHING CUT a
'.TO ORDER.
sio MARKET STREET
Children's Clothin",
No,' fc 819i Market Htre*it.
COURT PROCEEDINGS.
THE TAYLOR-MACKEY TRIAL
DRAWING TO A CLOSE,
ARGUMENT BY THE PRI
SONER'S COUNSEL
Tho Attorney-General's Closing
Remarks.
TIIE TAYLOR-MACKEY TRIAL—ARGUMENTS
BY MESSRS. HODOSON, WHITELY, BAYARD
ai;d TENNINOTON—THE CASE GIVEN TO
THE JURY THIS MORNING.
Specially Reporteifor the Qazelte.
New Castle, Del., Nov. 20, 1874.
Court opened at 10 o'clock, Judges
Wooten, Housten, ami Wales on thq
bench.
Mr. Hodgson continued to adtliOos the
Jury aa follows:
1 thought, gentlemen of tho Jury; that
I had finished last night but I have one
or two matters I have not fully explain
ed and I ask your pardon if I may be al
lowed a low wordd. You remember I
told you yesterday of the motive of tho
prisoner. It is evident that no crime can
bo committed without a motive. The
rnotivo for which the prisoner did kill K.
A. Mackey i8 in evidence before you; from
peculiar circumstances of the coso to
allow you ho did the deed with a motive
it litis been shown by sworn testimony
that Taylor and Mackey were seen upon
that bridge. It wa3 told you know they
met at Newark. If Taylor had no motivos
w hen this man fell from tho bridgo over
Drawyer'a crock why under High Heav
ens did not Taylor mako some effort to
save him. No man lias ever told you
from the witness box that he made tho
least effort to savo his friend; what effort
would ho put forth to savo oue whom ho
intended to kill; ho could havo at least
called for assistance; ho never turned
and asked Mrs. Farrell whom he passed
looking directly in the face.
This man driving along the road with
his friend who ho says foil into the creek
with 8 ft. of water sufficient to drown any
man; if lie was satisfied ho fell intho crook
why did not Taylor search every crevice
of that bridgo when he stood on that
wing wall why then did he not then givo
the alarm. No, ho doas not open hia lips
but ho converts to his ownuse his frienu's
property and gooa around tho country
dealing in ribaldry and je9t. Can you
conceiyo of a man who would desert hia
freind in the hour of need and pay no
more attention than to a stone.l
Mr. Hodgson citud a nurnbor of the au
thorities, and concluded at 11 05, a. m.
Directly after the conclusion of Mr.
Hodgson's argument Mr. Whiteley ad
dressed tho jury for tho defense cub3tan
tially as follows :
May it please tho Court and gentlemen
of the Jury, an invitation to orink giv
en by Mackey to Taylor was the indirect
cause of this great calamity. That on the
29th of J uly by some mode Mackey came
to hi« death. Taylor ia now oua trial for
his life.
Tma is a .oAso of circumstantial evi
denco. These two men left together two
drunken men. Now gentlemen before ar
guing this caae *1 want to read to tho
court tho law: It will tell what circum
stantial proof ia cited 1st starting 560,
defines the degree of circu mstantial ev
idence a i will convinces tho jury of tho
truth of the chargo. The facta proven
before must exclude any hyphotheais of
his innocence. Tho theoi'y of the State
is in their indictment. Thev must stand
or fall by it .They assert that Taylor threw
Mackey in that creek, and tney must
prove it. Now what arguments can bo
brought against tho State's hypothesis?
The meeting of these two men at Deer
Park Hotel was entirely casual. It
not ploted; they met as friends; Mackey
invites Taylor to drink as friends. They
go to Armstrong*s; then thoy went away;
they did not stop at Soarles because they
were both drunk and failed to stop.
Taylor uaka Mia, linden uot to give Alack
ey anything to driuk as he was ulready
drunk ; strange plotting that is to murder
a muu by Utowuing
him Iron» getting mo
the hyphothises of the State at onoe ; we
now have Ihein at Christine ; they
leave telling Mr?. Bullen they are goiug to
the Bear thence up to St. Ueurgts; instead
they take tiro Elktou road, and this shows
the prisoner'* lack of knowledge of the
roads ; that he hud
that they intended to keop
was
i 5 ; at 11 keeping
druuk ; that knock*
object, no plans ;
us long us
rum und whip held out ; they get to St.
George's and get a bottle of rum ; they
mutt have had rum in that wagon before,
Dial as no 2 driuks will make a man as
drunk as Mackey was; Mackey then was so
drunk he took a nap; Taylor kexit on drink
ing and talked horse there to every body
as a druuken horse owner would; Mackey
wa* there ; they come out of the tavern
and here they say that Taylor pitched
Mackey into the wagon aud Mackey re
monstrated and asserted hi* claim to the
property ; nohody saw thorn then till they
got to the bridge but Fleming, and ho could
uot toll on which side ho parsed tho team,
nor, although the driver sat on tho right,
could he tell ia which hand was the whip
or reigns, nor which hand was around the
man lying in the driver's Inp ; Mr. aud Mrs.
Farroll now see a carnage and two
come to the bridgo betwom 4 and 5 o'clock,
)*. M. I think tins colored
perfectly honorable man. lie say* he saw
the carnage stop
hut one
that ho saw a man
Farrell i* a
the bridge, lhat he saw
oui; that he heard a splash;
the wing wall look
ing down iuto tho water. All these Ihinga
subtract from the exactuess neoisaary. Ho 4
easy it is to bemistaken from where hu stood;
from the east end ot the bridge and the end
of the wing wall ; he was looking over tho
dense marsh ; how easy it was to mistake
that carriage at a dislauco of 146 yards ; he
looked only a minute ; he said he could
see the bridge but could not see all of the
carriage ; how could be see the bridge and
not see the carriage bocau^e it was between
t'se wing walls.* I think If Taylor drovo ns
closo to the bannister as he was to thawing
I wall there would have been some trucks o
the carriage ; the description of tho man
with light clothes shows that Farrell was
mistaken, there were no light cloth»« in
Tth v T"' Thi - °i J m , i ;Y' l istouk '* ht
I clothes ior a man ia hu shirt sleeves ; now
ADEjwhowu* this mau upon the east wall; I
I say it was Mackey. Mackey got up on that
1 wmg wall aud being drunk and lame, and
41» mine w«H being la * M oaadttioa, it
was a natural inference that he fell into the
creek. Nathan says he heard a splash ; 1 do
not think it. It may have been a atone ; he
thought it was the drowning of a dog and
it was but a casual thought; he baa failed
to put the splash in the right place. I think
he saw the man on the wing wall before he
beard the splash ; the State will tell you that
Taylor was on the wing wall, but I say
(iod never made a villiau so hardened that
he could stand and look into the face
of a drowning man; I cannot believe it; he
would have been afraid of that upturned
face; It would have made him a coward ;
Mrs. Farrell Buid he watched ter, then he
would not have had the danug to stand
there and throw Mackey into the stream; is
it possible to suppose that in the face of all
this you
entertain such an opinion. The
State says that ho looked at her and that is
why I say that Taylor did not throw this
man over. Nl^hl was approachlng;|he could
nuord to wait, do you suppose that this man
would throw this man overboard ut that
lime when night would sheild him P What
a more natural thing than that a drunken
man so near a wing well should tumble
over. Taylor drove oil without Mackey aaye
tho State, but ts he thereiore a minderer p
II this muu had the cowardice to leave his
flieud can you convict him of murder P He
drove olf because ho was lull of rum; would
ho not have stayed if he had beou sober ?
Drunkenness is worse than insanity; it biota
out all memory and leaves man lurgetful of
himself and everybody olse. (Bead will
circumstantial evidence, page 7SI, on montai
emotion, flight dtc., as evidence of gniit.)
Would a guilty man remain in the vicinity
of Iho crime for days after, trading horses
and pitching quoits. Could he have douo ue
the State sup], oses, he would have beeu the
worse villiau in the world. If Taylor hail
tho sense of memory of ttie death ot Mackey
ho drank to drown that memory. Now if
he hud beau a murderer wou'ti ho havu
stayed around tho seeno of the murder Pile
would have put more Ilian three inn,a be
tween him and lJrawyer's Creak. Had Le
beeu a murderer ho would have sold the
team and lied. Human nature is too super
stitious; murderers never go alone ta. Bee
their victims; they go in crowds where their
courage is kept up by the touch oi elbowe.
Taylor could not havu uro.eud that stream
in whicii Mackey ley praying for veugeauce
Jpou iho Lead of hie passing mutderer.
Again Tsylot alwaya gave hia right name.
Is lhat the conduct of a murderer p But
they say ho had on Mackey's ooat. What
more natural. Mackey's coat la in the
waguu; Taylor is m his shirt sleovrs, druuk,
putting 01 , the lirst coat ho goc lu the
wagon. Would Ue not have thrown that
coat away had he bueu a murderer P Now
by what mesne Ooes tho State inter that
Taylor is a murderciV Because hu wore
Mackey's coat? Thu strongest proof would
be of his guilt, of his wearing Mackey's
coat. Look at the elmilarily ol these coals
with false pockets.
See how oasy,Taylor being drunk,to
get the wrong coat ; next wo find Tay
lor in Ohio ; it may bo that Taylor
wanting courago to give the alarm of
Mackey's calamity left for Bucyrus ;
his condition there shows his inno
cence; lie was there two weeks and two
duy ; he could have had ample time to
escape. No, but he stays there where
ho expected the relations of Mackey
would look for him, and when he is
arrested he gives liimsdf up without
resistance. Hammill forced himself
upon the Sheriff to take him to Ohio ;
Ha nmill's interest is not in the dead
man, but the living reward he is look
ing after at the appropriation from the
nextLeglslaturc. Hammill could come
here and swear that Taylor confessed
that he murdered Mackey and Taylor's
mouth is closed. Now tho Coroner's
inquest. I don't think since Shakes
peare's timo there was ever such a
Coronor as Stephens ; he finds a man
drowned ; turns hack the scalp to see
if this is so ; they should have exam
ined the lungs and stomach. Now
what proof have you that Macker was
drowned !
Now they mnst probe the alligation.
If they proved that Mackey came to
his death any other way you must ac
quit him. It is not a murder if a man
throws a dead body in the creek. Now
as to the dress, men are inaccurate in
this matter of dress. There has been
much talk about light clothes butTown
send settles this matter liy saying ho
saw Taylor's clothes and identified tho
dark ones, wo liavo ample prooff that
there were no light clothes in the mat
ter.Now as to the motive. What motive
had Taylor to commit this crime. tVcrc
there enmities, debts; we had witnesses
that disprove the possibility of theState
holding anysuch opininswhat is there to
make you believe that in a moment the
man Taylor would throw uis friend in
the craek?
Drunkenness explains a great deal in
this matter. Drunkenness is no excuse
for crime but in this case it removes
all suspicion of motive in this matter.
There are only surmises in this case.
Would you consign to a felon's death
and a convicts gravo this drunkon boy
on a surmise. Would one of you like to
sco your brother or friend hung upon
such evidence? I thinknot. You cannot
convict him of murder. Gentlemen 1
thank you for your attention end will
now onnclude.
Mr. Bayard followed Mr. Whiteley,
and opened with some records as to
tlte logal facts of tho case and especi
ally as to the fact that the corpus de
licti was not proven, and cited Whar
ton's Criminal Law, Wills on Circum
stantial Evidenco and Itoscoo on Crim
inal evidenco, as authorities. Ho then
procaodod]to read the testimony of the
Coronor, and of tho Doctors who made
the examination.
He then read tho indictment alleging
tho murder to bo by drowning, and
argued that it was uocessary to prove
Ute allegation conclusively,
claimed that an examination of the
lungs and stomach should have been
maue, as then it might have appeared
how lio died ; but that no examina
tion of tho scalp or skull of Mackey
could by any manner of means inform
a jury that a man was drowned. The
State could not presume a man was
drownod simply because ho was found
lu tho water. He might have died of
apoplexy; ho might have died of heart
disease; he might have been murdered
and thrown into that Btrcam ; who
knows? Wo havo no proof when,
whore and how that body was first
v (Continued en third page.)
in-